2026-09-24 - Land Use & Transportation Committee
Summary
Based on auto-generated captions; names and figures may be misheard.
- Chair Dorsey opened a long hearing with seven agenda items, and the video ends with the data center hearing in recess.
- Bill 26-0148, rezoning 205-209 East Cold Spring Lane from R1C to EC2 for the Loyola-owned "triangle lot": the applicant said Loyola has owned it since 1968 and agreed in perpetuity to forgo most EC2 commercial uses. No public testimony; the committee adopted the Planning Commission findings and reported it favorable by voice vote.
- Bill 26-0149, rezoning 2441-2449 West Baltimore Street from I1 to C2 to match an existing healthcare use: the Planning Commission preferred IMU1 instead, and Bullock moved amendments, which were adopted. Reported favorable as amended.
- Bill 25-0128, conditional use to convert 1118 North Kerry Street from a single-family home to three dwelling units in R8: no amendments; reported favorable by voice vote.
- Bill 26-0205, rezoning 432 East 32nd Street from C1 to open space: Ramos said the lot has been community space for over 50 years and Waverly Market has used it for 45. An attorney for the new owner, which bought the tax-sale property in May 2025, opposed it, argued it would be an unconstitutional taking, cited a $595,000 settlement over a similar downzoning, and said the owner plans a 30-unit building with ground-floor commercial use. The Law Department said a court could find a taking and invalidate the bill or require fair value. Speakers from Waverly Main Street and the neighborhood supported it. The committee adopted the Planning Commission findings and reported it favorable; Middleton asked the city, Ramos and the owners to keep negotiating a purchase or other remedy.
- Bill 25-0093, the Harford Road Overlay District, was heard at length. Dorsey said over 40% of the corridor is four land uses (churches, car-related uses, vacancy, low-density residential), and that the overlay affects about 1,200 of roughly 16,000 surrounding homes. His amendments set a flat 45-foot height cap, struck obsolete parking language, adjusted curb cuts, added grocery stores as allowed and made energy facilities conditional; the Board of Municipal and Zoning Appeals added transition rules for permits issued under an earlier invalidated ordinance. Testimony was mostly opposed: speakers cited the earlier court nullification, the 2.9-mile, 375-acre size, notice, infrastructure and neighborhood stability. The amendments passed by voice vote and the bill was reported favorable with amendments; Dorsey said he would offer a floor amendment, and members raised the status of daycare centers in the overlay.
- Bill 26-0195, Accessory Dwelling Units: after a week of earlier testimony, witnesses asked for limits on size, drainage protections, notice and enforcement. The committee adopted amendments, including one dwelling per lot, internal ADUs capped at 40% of gross floor area, ADUs allowed in rowhouses but not on lots with a multifamily principal building, and a public ADU permit database; the amendment roll call was 4-2 (Parker and Gray no). The bill was reported favorable with amendments, though the final voice count was unclear in the captions.
- Bill 26-0174, data centers as a conditional use requiring a health equity assessment: sponsor Porter said the bill would sunset with the existing moratorium and noted six data centers currently in the city. The Planning Commission recommended disapproval until the impact study is complete. Most public testimony opposed it or called for a ban, citing water, energy costs, pollution and environmental justice; speakers cited petitions of over 8,300 residents. A Maryland Tech Council representative supported it with amendments. No vote was taken and the hearing recessed.
Issues discussed
- Harford Road Overlay District (25-0093)
- Accessory Dwelling Units Zoning Bill (26-0195)
- Grocery store zoning (26-0220)
- Data Center Health Equity Assessment Zoning Bill (26-0174)
- Rezoning 432 East 32nd Street (26-0205)
- Rezoning 205-209 East Cold Spring Lane (26-0148)
- Rezoning 2441-2449 West Baltimore Street (26-0149)
- Conditional Use Conversion at 1118 North Kerry Street (25-0128)
Sources
Video
Transcript
These are auto-generated captions; names and numbers may be misheard.
Transcript
00:03Good morning.
00:14Good morning. Welcome to the land use
00:17and transportation committee.
00:19>> Supposed to be bring it up. Let me
00:20check.
00:21>> My name is Ryan Dorsy. I'm the chair of
00:23the committee and representative of the
00:24third city council district. To my
00:27immediate left, we have Councilwoman
00:30Sharon Green Middleton, vice president
00:32of the city council and vice chair of
00:33the committee. To her left, we have
00:35Councilman Zack Blanchard.
00:38>> To my far right, we have uh Councilman
00:41Paris Gray.
00:43>> To his left, Councilwoman Felicia
00:45Porter.
00:46>> To my immediate right, we have staff to
00:48the committee, Mr. Tony Leva.
00:51>> And um I see Councilman Conway's joined
00:54us this morning.
00:56We uh have representatives here from a
01:00range of city agencies. Um and there's a
01:03fair number of folks from the public
01:06here uh for I believe several of the
01:08bills. Um we have
01:12seven agenda items today.
01:15We have several sort of routine land use
01:19bills that we are going to go through
01:21first um hopefully somewhat quickly.
01:25Um, there are signup sheets.
01:29Uh, are they out in the hall?
01:31>> They're out in the lobby.
01:32>> Okay.
01:33>> We're waiting on 205, but it should be
01:35here in a moment.
01:36>> Okay. There are signup sheets for those
01:40who wish to testify
01:42uh out in the lobby. Um, please be sure
01:46to check the box for support or oppose
01:50and uh as well as do you actually wish
01:54to testify. Some people sign the sheets
01:57even though they don't actually wish to
01:58testify. So, I want to be sure we've um
02:02we've got that all clear. Um, we also
02:05have folks online. Um Tony uh will
02:09always Tony's putting the link in the
02:14chat to do the online
02:17uh testimony sign up.
02:21Please fill out that form. If you'd like
02:23to testify online um on any on on
02:28the bills where we'll be taking
02:29testimony, we will call on uh public
02:33testimony in person first. Uh, and when
02:37we've gone through all of the in-person
02:39testimony on that given bill, we will
02:42then go to online testimony, both in
02:45person and online. Uh, when giving
02:47testimony, you'll be given two minutes.
02:52Um
02:54the first bill that we will
02:57hear today
03:00uh is council bill 25128
03:04zoning conditional use conversion of a
03:07single family dwelling unit to three
03:09dwelling units in the R8 zoning district
03:131118 North Kerry Street.
03:17>> Thank you. Um,
03:29actually, I'm going to hold off on this
03:30one for a few minutes. Um, uh, give
03:34Councilman Balock time to arrive. Uh, as
03:37he is the sponsor of the bill.
03:41Um, we will go to council bill 260148,
03:46reszoning 205 to 209 East Cold Spring
03:49Lane.
03:52Uh, this is from Councilman Mark Conway.
03:55Councilman Conway, do you want to come
03:56to the podium to present the bill to us,
03:58please?
04:11Thank you, Mr. Chair. Um, this is a
04:14relatively straightforward bill. Um,
04:16this is for property along Culturing
04:18Lane that has been
04:21uh used as a a a parking space, a
04:24parking lot for some time. It was
04:25actually um cleared initially as a
04:29staging place for the repair and upgrade
04:32of the Guilford reservoir um which had
04:35to be capped. Um it is owned by Lyola
04:38and we are trying to zone it so that
04:40Lyola can uh bake it into its broader
04:42school plans and we are asking that it
04:44be changed to EC2.
04:46>> Great. Thank you. Um and are there folks
04:49from Lyola here that want to speak to
04:51this? Uh let's bring you up.
04:59Good morning, Mr. Chair.
05:01>> Press one.
05:03>> There we go. Good morning, Mr. Chair,
05:04members of the committee. Colin Weski on
05:06behalf of Lyola University. Uh, here as
05:09the applicant and in support of 26148.
05:12So, this resoning would transition what
05:14is commonly known as the triangle lot
05:16from the R1C district to join the rest
05:18of Loyola's property in the EC2
05:20district. Uh we respectfully submit that
05:23the basis as adopted by the planning
05:24commission is a mistake. The triangle
05:27borders a massive contiguous EC2 zoning
05:29district that comprises the campuses of
05:31Lyola and Notream of Maryland. Has been
05:34owned by Lyola since 1968, but during
05:36that ownership history, Loyola has made
05:38no series to attempt any residential
05:40structure or even a campus structure on
05:42the property due to its abnormal shape.
05:44Um it's a triangle. uh development of a
05:48single family home is compl contemplated
05:50by the current zoning remains
05:51impractical on the space. The zoning
05:53would allow the university to use its
05:54land for university use. I would also
05:57add that Lyola has voluntarily agreed in
06:00perpetuity to forego the possibility of
06:03many of the commercial uses permitted in
06:05an EC2 district to respect the nature of
06:07the single family home community that
06:10the triangle borders. And there should
06:12be a letter on file uh from the Guilford
06:14Association from just a couple days ago
06:16reflecting this agreement. Uh if not, I
06:18have a copy that I can read into the
06:19record. Uh we have proposed findings of
06:22fact as outlined in our memo and I'm
06:23happy to answer any questions on them.
06:25But I would just note that this uh
06:27project is the result of almost 5 years
06:29of community work uh and negotiation and
06:32at its completion will be I'm confident
06:35in saying the most beautified parking
06:36lot in the city of Baltimore.
06:40>> Thank you. Um,
06:43do any committee members have any
06:44questions for the applicant?
06:49Okay. Uh, Councilwoman, uh, one second,
06:52Councilwoman Porter. Uh, I just want to
06:54say welcome Counciloman Parker, uh,
06:57member of the committee. And then we
06:58also do have Councilwoman Odet Ramos
07:00with us. Um, she has a bill on the
07:02agenda here. We will be calling on her
07:04to present that shortly. Uh,
07:06Councilwoman Porter.
07:08>> Thank you. So, thank you so much, Mr.
07:10Chair. Um, has the community association
07:12weighed in on this?
07:14>> Yes, there is. Uh, we have been
07:17negotiating with the North Baltimore
07:19Neighborhood Coalition, which is
07:20actually all the community associations
07:22that border Lyola for the better part of
07:255 years about this. There's a letter of
07:27support from them on file with the
07:28planning commission. And as I noted, uh,
07:31we have just recently in the last couple
07:33days finalized a memorandum
07:36of understanding. I apologize. uh with
07:39the Guilford Association uh to agree
07:41into perpetuity to forego most of the
07:45commercial uses that would be allowed in
07:47an EC2 zone to respect the residential
07:49nature of this property moving forward.
07:52>> All right, thank you so much.
07:54>> Thank you. Okay, we will go to Thank
07:56you.
07:56>> We'll go to agency reports now. Um law
07:59department.
08:01>> Good morning, Mr.
08:03>> That's yours.
08:04>> Thank you, Mr. Chair. Michelle Toth. On
08:07behalf of the law department, we approve
08:09this bill for form and legal
08:10sufficiency.
08:12>> Thank you. Planning. Good morning, Mr.
08:15Chair, members of the committee. Eric
08:16Tiso for the planning commission. Uh
08:18they reviewed this bill in their public
08:19meeting of April 2nd and recommend
08:21approval. At the time uh of their April
08:23meeting, they also wanted to offer
08:26strong encouragement that the applicant
08:27and community work together on an
08:28understanding to address the community's
08:30concerns uh on long-term use. And it
08:32looks like that has been accomplished.
08:33So, they do recommend approval.
08:36Thank you. Um,
08:39BMZA.
08:41[clears throat]
08:42>> Good morning, council. Sunny Boyce for
08:44BMZA. Uh, we have no objection.
08:46>> Thank you. DOT.
08:48>> Thank you, Mr. Chair. Luciano, the S for
08:50DOT. We have no recommendation.
08:53>> Thank you, DHCD.
08:56>> Thank you, Mr. Chair. Jason Wright
08:57representing DHCD. We respectfully stand
09:00behind our favorable bill report.
09:02>> Thank you. Any questions for any of
09:03these committee representatives from the
09:05committee?
09:08And uh do I take it we have no other
09:10public testimony here on this bill?
09:22I haven't seen anybody.
09:28>> Anybody here to testify on this bill?
09:31Okay, great. Um, then, uh, we have no
09:35amendments for this bill. I move the
09:38bill favorable. Um,
09:42uh, any
09:45>> uh, we do need to move findings of fact.
09:46Thank you. I'm a little out of sorts
09:48this morning. I had a traumatic incident
09:50yesterday. Um, we do need to move
09:54finding a fact. Thank you, Councilman
09:55Parker.
09:57Um
09:59uh in the planning commission report
10:01there are proposed findings of facts uh
10:04which the applicant reiterated um the
10:08most essential of which is that this
10:10reasonzoning is predicated on uh
10:13justified by there having been a mistake
10:16uh in the past and um that this meets
10:18the so-called change or mistake uh
10:21standard and so uh I propose we uh I
10:26Approve the finding of facts. Uh all in
10:29favor of adopting the findings of facts
10:31from the planning commission report say
10:32I.
10:33>> I oppose say nay. Abstain. Okay. The
10:37finding of facts are voted favorable. Uh
10:41I move the bill uh to recommend
10:43favorable. Uh all in favor of approving
10:46this bill say I.
10:48>> I. Oppose say nay. Abstain.
10:52Great. We have a uh we will report this
10:56bill favorable at the next city council
10:58meeting.
11:00Um next bill
11:03260149
11:06reszoning 2441
11:09and 244 to uh 2441 through 2449 West
11:16Baltimore Street.
11:18Um,
11:20this is another bill from Councilman
11:24Bullock who has not yet
11:28arrived. Um,
11:30pardon me one moment.
12:34Oh, there he is. Great. Calvin Bullock.
12:41Um,
12:42well, we'll just we'll do the one that I
12:44just called. Uh, welcome Councilman
12:47Bullock. We have two bills of yours.
12:48We're going to do back toback right now.
12:50>> Yes.
12:52>> Reszoning 260149.
12:55Reszoning 2441 2 through 2449 West
12:59Baltimore Street.
13:16Good morning, Mr. Chair and and
13:18colleagues. Uh appreciate you uh taking
13:20the time to uh hear this bill.
13:22>> Again, this is um a property that um we
13:26have been aware of in terms of the
13:28community. Um they are using it um for
13:31some
13:36they has gone in front of the planning
13:37commission and uh fortunately they have
13:39met with um the community association.
13:41Initially there were some um uh lack of
13:45alignment but fortunately that was able
13:47to be worked out. So again um any
13:48questions I'll take those but again
13:50appreciate the opportunity.
13:53>> Thank you. Any questions for the sponsor
13:55of the bill?
13:56>> Just a quick question. So, you're saying
13:58that um as far as traffic and parking
14:01and all that stuff has been ironed out?
14:05>> Yes. Thank you.
14:06>> Thank you,
14:10>> Council Parker.
14:11>> Uh yes, thank you, Mr. Chair. Thank you,
14:14Mr. Bulock. Um so, it's currently in I1
14:17zoning and switching to C2. Uh you
14:19mentioned the the healthc care uses or
14:21at least the I think you did and then
14:23the um the bill does. It's is it
14:26currently already being used for
14:27healthcare? Like is the use changing
14:29with the zoning change or is it or are
14:32we changing the zoning to make sure it
14:33matches the use?
14:35>> Matching the use.
14:36>> Okay.
14:36>> Yes.
14:36>> So the the the use has been in in place
14:38for a while and um the use has been like
14:42the community hasn't objected to that
14:44use. It's been uh there haven't been any
14:46issues with that use in that space.
14:48>> Fortunately, not at this point.
14:49>> Great. Thank you, Mr. B.
14:50>> Thank you.
14:52Um,
14:54Councilman Block, are do we have
14:56amendments for this bill? I see that the
14:58planning commission report recommended
15:03instead of changing it from I1 to C2,
15:08it recommended changing it to IMU1.
15:13Were those was that drafted as an
15:15amendment? Is it your intention to
15:18>> um, yes, follow that recommendation?
15:20Okay, Tony, do we have that?
15:32>> No, we haven't gotten a lot of
15:33amendments.
15:40>> No, we did not receive those from DR
15:42yet.
15:42>> Okay, we did not receive that amendment
15:44from DLR yet.
15:46Um
15:52let's take our um agency test our agency
15:56reports and then
15:59um address that.
16:03Um okay, law department.
16:07>> Thank you, Mr. Chair. The law department
16:09approves for form and legal sufficiency.
16:12>> Great. Thank you. Uh BMZA
16:16Uh, thank you, Mr. Chair. BMZA has no
16:18objection.
16:19>> Thank you, DOT.
16:21>> Thank you, Mr. Chair. DOT has no
16:23recommendation.
16:24>> Thank you, housing.
16:27>> Thank you, Mr. Chair. Jason Wright
16:28representing DHCD. We uh respectfully
16:30stand behind our favorable bill report.
16:32Thank you.
16:33>> Thank you. Planning.
16:34>> Good morning again. Uh this bill was
16:36reviewed by the planning commission in
16:37their public meeting on May 14th. uh and
16:40in our analysis of course we have to
16:42meet the required findings and
16:43considerations to justify a reasonzoning
16:45uh and we were not able to do that for
16:47the C2 so we recommended and work with
16:48the applicant to uh go to IMU1 in the
16:51alternative uh we believe that that's a
16:53more justifiable standard especially as
16:55this property is on the corner and
16:57straddles the remainder of the the
16:59grouping of I1 in that block and the R8
17:01uh across the street uh to the other two
17:04corners. um but that would still allow
17:06for the continuation of the use that the
17:08applicant is looking for. So we found uh
17:10a more acceptable path to uh get to a
17:13solution that is workable and apologies
17:15if we missed getting uh the formal
17:17amendments drafted is most likely
17:19miscommunication on our part.
17:22>> Okay, thank you. Um
17:26Tony, you're checking in with DLR.
17:54Are there any questions for the any of
17:56the agency staff?
18:00And is there anybody else here to
18:03testify on this bill?
18:10Okay, let's do the other uh block bill
18:13and then we'll come back to this for a
18:15vote when we have the amendments.
18:28>> Yeah.
18:30Uh, council bill 25128,
18:35zoning conditional use conversion of a
18:38single family dwelling unit to three
18:39dwelling units in the R8 zoning
18:41district, 1118
18:43North Kerry Street. Councilman Block.
18:47>> Uh, thank you, Mr. Chair and committee
18:48members and colleagues. Again, this is
18:50uh one of our pretty standard
18:52conversions. I will say the property has
18:54the adequate uh size um square footage
18:57for the three units. Um we did have some
19:00members of the community, this is in the
19:01uh Harlem Park, Lafayette Square area.
19:04We had some members of the community
19:05also come out to the planning
19:06commission. Um they were able to
19:08actually talk to um the developer and
19:10have alignment in terms of what it can
19:12do in the neighborhood. So again,
19:13hopefully we can get your support um to
19:16get this property back in productive
19:17use.
19:19>> Thank you. Any questions for the sponsor
19:21of the bill from the committee?
19:25>> Okay. Thank you. And does the the
19:28applicant I understand is here. Uh would
19:30the applicant like to speak to the bill?
19:32>> No.
19:33>> Okay. Um
19:36we will go to
19:41Okay. I'll come back to that after we do
19:43this one. Uh can you send it around to
19:46the committee members? Uh committee
19:49members, before we go to the agency
19:51reports on this bill, Tony's going to
19:52send around the amendments from the bill
19:55we were just on a moment ago, uh he has
19:58them uh in his email. Um just received
20:02them and going to send them around to
20:04you so you have them digital and PDF.
20:06You all have that in your inboxes.
20:08Um okay, back to this bill. Um [snorts]
20:13the uh law department
20:17Good morning, Mr. Chair. Desire Lucky.
20:19On behalf of the law department, we
20:21approve this bill for form and legal
20:23sufficiency.
20:23>> Thank you. Um,
20:27>> BMZA.
20:30>> Thank you, Mr. Chair. BMZA has no
20:32objection.
20:33>> Thank you, DOT.
20:35>> Thank you, Mr. Chair. Do has no
20:36recommendation.
20:38>> Thank you, Housing.
20:40>> Thank you, Mr. Chair. Jason Wright,
20:42representing DHCD. We respectfully stand
20:43behind our favorable bill report. Thank
20:45you. Fire department. We usually don't
20:47have fire reporting on these bills.
20:49>> Yes. Uh good morning, Mr. Chair. I'm
20:51Sean Ames representing the office of of
20:52the fire marshall. The fire department
20:54has no um opposition to council bill
20:5725-0128.
20:59>> Great. Thank you. Um
21:04okay. Uh any questions for any agency
21:07personnel from the committee? Hey,
21:10Council.
21:10>> So, just for clarification and um for
21:14the record, this amendment is just um
21:17>> the other bill.
21:19>> Oh, I'm sorry.
21:21>> Uh we have no amendments to this bill.
21:24Um
21:27okay. Do we have anybody else here to
21:29testify on this bill?
21:36No. Okay. Nobody in person, nobody
21:37online. Um,
21:45we have a finding of facts in the
21:48planning commission report.
21:51Um, can you just reiterate that one more
21:54time, Eric?
21:56>> Uh, so let me scroll down one moment.
22:00Um,
22:01I can walk through them one at a time if
22:03you would like.
22:03>> No, no, no. Just generally this is a
22:05change mistake. Is this for 128?
22:08>> Oh, it's Sorry. It's a conditional use.
22:10I'm sorry. We've met the standards for
22:12the conditional use. I'm really
22:14>> That's okay. I'm making sure.
22:15>> Someone say I shouldn't be here today.
22:16>> Just making sure we're on bill 128.
22:18>> Yeah. 128. We're good
22:19>> for this uh conversion. Um we noted
22:22especially a hardship uh feature where
22:24the applicant purchased the property and
22:26it had already been framed out for three
22:28units at the point where he took
22:30possession of it. Um and since uh bless
22:34you, the uh the changes to the zoning
22:36code have altered the um bulk
22:39requirements, it actually reduces uh the
22:42requirements for the lot area variance.
22:44Um and of course, parking is no longer
22:46applicable. So that makes it even more
22:48approvable. We believe that this is very
22:50reasonable uh to have this density,
22:52especially in light of the uh the
22:54existence of the framing. And so
22:56therefore, the planning commission
22:57recommended favorable.
22:58>> Great. Thank you. um adopt these
23:01findings of fact. All in favor say I.
23:04>> I.
23:05>> Opposed say nay.
23:07Abstain.
23:09Okay. This uh findings of fact are
23:12adopted. Uh all in favor of approving
23:15this bill say I.
23:17>> I. Oppose say nay. Abstain. Okay. This
23:21bill will be recommended favorable at
23:23the next city council meeting. Good
23:25morning former mayor uh young. Thank you
23:28for joining us here today.
23:33Um,
23:35okay. Now, we have the amendments for
23:37the prior bill 260149.
23:41Um, Councilman Block, do you want to
23:44move those amendments?
23:50>> Uh, thank you, Mr. Chair and colleagues
23:51would like to move the amendments.
23:53>> Uh, all in favor of adopting the
23:55amendments, say I. I I oppose say nay.
24:00Abstain.
24:01Great. And um
24:05we will adopt a finding
24:08of fact
24:10from the
24:14planning commission report,
24:17which I'm going to take one more second
24:18here and just look at real quick.
24:30Just one.
24:37>> Okay. We'll adopt the finding of fact uh
24:39from the planning commission report. All
24:41in favor of adopting the finding of fact
24:44say I.
24:45>> I. Oppose say nay.
24:48>> Abstain.
24:50Okay. Great. Uh,
25:00>> I I was just curious because I thought
25:02we had moved to 128. Did we dispose of
25:05that? Because these amendments are for
25:08149, I believe.
25:09>> Did I?
25:10>> Okay.
25:11>> We did. Yeah, we came back to 149.
25:15Um
25:17so we have adopted the finding effect of
25:19fact for 260149.
25:23Um we have um
25:28moved the we have adopted we voted
25:31favorable on the amendment. Um
25:35uh Councilman Block would you like to
25:36move this bill favorable with amendment?
25:40>> Yes. Like to move favorable as amended.
25:42>> Great. Uh all in favor of recommending
25:45this bill favorable with amendment say
25:47I.
25:48>> I oppose say nay. Abstain. Great. This
25:52bill will be reported out favorable with
25:55amendment at the next council meeting.
25:58Uh next bill
26:02260205
26:04resoning 432 East 32nd Street.
26:08Councilman Ramos will come to the podium
26:10and present it to us.
26:25Love it.
26:28>> Super smooth.
26:30>> I know. [laughter]
26:32>> Oh, thank you to council staff for uh
26:34providing me with a a podium that I can
26:37actually uh stand normally. [laughter]
26:39Uh good morning, Mr. Chair, members of
26:41the committee. Um my name is Odet Ramos.
26:44I'm the councilwoman for the 14th
26:46district. Um I'm grateful for the
26:48opportunity to present this bill today.
26:50Um and thank you for scheduling it. Uh
26:52this bill before you uh reszones a
26:55vacant lot from a C1 to open space. The
26:58vacant lot in question and you'll see
27:00from my testimony a map that shows where
27:03uh the the lot is. Anybody who's been to
27:06the Waverly Market uh has seen that the
27:10Waverly Market uses the Waverly parking
27:12lot which is owned by the city as well
27:14as the adjoining uh lot uh which is
27:17owned by Waverly Main Street LLC uh
27:20affiliate of Waverly Main Street. And uh
27:24so we I just wanted to make sure that
27:27everything was correct. Um you'll see
27:29from my testimony and others that have
27:31come in that the lot currently in
27:34addition to being used for the Waverly
27:36market is also being used uh you know in
27:39the community for community gatherings
27:41uh and has been this way for over 50
27:44years. It has been a vacant lot for over
27:4650 years. The Waverly Market has been in
27:49existence for 45 years year round even
27:52in 20°ree weather they utilize that lot
27:55uh for for the market. Uh also there is
27:59a historic um significance to the lot.
28:03Uh and because we can't designate vacant
28:06lots as historic, I can't designate it
28:08as historic. Uh I tried, believe me. Um,
28:10so, uh, the historic significance of it
28:13is at one point in time, and you'll see
28:15this in my testimony, uh, that, um, the
28:19part closest to Marary Men's Lane was
28:22once Waverly School 115, which was one
28:25of the city's uh, schools black for
28:28black students. Um, back in the day,
28:30Baltimore City had not yet annexed
28:32Waverly at the time, but the school
28:34system had annexed this Waverly school.
28:36one of the students became uh the first
28:38black principal of Eastern High School
28:40later on. Uh there is uh a historic
28:43marker that um show shows this history
28:48uh and uh again I can't designate it
28:51historic uh but um I did try and you can
28:54see photos of the uh historic n uh
28:57marker and there's some um metal uh
29:01artwork that's there uh as well. So it
29:04is a community space. It has always been
29:06a community space and I want to make
29:07sure that it stays a community space.
29:09Now, from the zoning perspective, we
29:11have to prove uh that uh this was either
29:14a mistake or because of neighborhood
29:16change. And I would contend as does the
29:19planning commission uh that it was a
29:21mistake that this was not reszoned as
29:23open space during uh transform Baltimore
29:27uh which was our last comprehensive
29:29resoning. Uh I I don't know why and I'm
29:32uh sorry that I you know we can't talk
29:34to Mary Pat about this. Uh it could have
29:36been you know an oversight. Transform
29:38Baltimore was just a huge document and
29:39there was lots of moving parts. Uh so uh
29:43but as you can see it has been used as
29:45an open space as you see from the
29:47testimony and the emails that came in.
29:49Uh residents want to use this as an open
29:51space. Um, some of you may uh know that
29:54we do have some opposition uh and that's
29:57because there is a threat to this open
29:59space and um the
30:03Waverly Main Street had I'm just going
30:04to be very blunt about it. we really
30:06main street had had some challenges uh
30:08even though they have now very we have a
30:10new executive director and a new board
30:12and so lots of things are changing uh
30:14but there were some tax sale issues here
30:17and uh so before uh and I'm trying to
30:20work all of those out uh with finance as
30:22well as with uh with Waverly Main Street
30:26and so uh in the meantime I wanted to
30:28just make sure it's perfectly clear that
30:30this still remain and will always remain
30:32an open space uh because that is uh with
30:36the the will of the community um the
30:38Waverly Market uh and of course we also
30:40used it for book festival if you all
30:42came to book festival uh this past
30:44weekend. So I would ask for your
30:45favorable report uh on this bill and
30:48happy to answer any any questions.
30:51>> Committee members any questions for the
30:53sponsor?
30:59>> Okay. Um why don't you hang here in case
31:01we have any questions that arise over
31:03the course of things.
31:04>> Yep. Thank you.
31:06>> Thank you. Um okay, we will go to the
31:10agency reports next.
31:14>> Uh law department.
31:17>> Thank you, Mr. Chair. The law department
31:20approves this bill for form and legal
31:22sufficiency.
31:27>> Thank you. Um,
31:33sorry. Um, BMZA.
31:36>> Thank you, Mr. Chair. BMZA has no
31:38objection.
31:39>> Thank you. Transportation.
31:41>> Thank you, Mr. Chair. Do has no
31:43recommendation.
31:44>> Thank you, HCD.
31:47>> Thank you, [snorts] Mr. Chair. Jason
31:48Reed representing DHCD. We respectfully
31:50stand behind our favorable bill report.
31:51Thank you.
31:52>> Thank you, Planning Commission.
31:54>> Thank you, Mr. Chair. At its meeting of
31:55June 25th, 2026, planning commission
31:57agrees with staff recommendation and
31:59approves the city council bill 26025.
32:02>> Thank you. Any questions for any of the
32:04staff representatives from the
32:06committee?
32:08>> Okay. And we have other testimony here.
32:12Um
32:14Drew
32:15>> Ten.
32:24I'm wearing my tall shoes because I
32:26didn't want to have to get another.
32:32>> There you go.
32:33>> Thank you.
32:34>> Hit that button.
32:36>> Hit the button.
32:40>> I'm just loud. Um Drew Tilden for the
32:42record of Rosenberg Martin Greenberg.
32:44And I'm here today on behalf of the
32:46owner of the property. Um, so I think
32:48there are a few items that I want to run
32:50through today, but as a preliminary
32:51matter, I do want to clarify the
32:53ownership situation. Um, so this
32:55property was owned owned by Waverly Main
32:58Street. It was forwarded to tax sale um
33:00for delinquent property taxes and water
33:02bills. Um, and my client purchased it in
33:06pardon um in May of 2025. They initiated
33:11foreclosure proceedings to foreclose the
33:13right of redemption in February of this
33:15year. They moved forward with those
33:17foreclosure proceedings and actually
33:19just five days before the judge entered
33:21an order vesting fee simple um property
33:24rights in my sorry something going on.
33:27Okay. Um fe simple property rights in my
33:30client. This bill was introduced
33:32downzoning the property. Um and actually
33:34we were able to get a hard copy of the
33:37signed deed from the city to my client
33:39yesterday. Um I have copies that I can
33:41share with the committee today.
33:42Unfortunately, we did did not have it in
33:44time um to submit it to the record, but
33:47in the event that you all would like to
33:49review, there's a copy of a deed
33:51conveying the property to my client. Um
33:54so, moving on beyond that, just because
33:56again to clarify, my client owns the
33:58property. Uh there is a procedural
34:00deficiency in this bill. There was no
34:03statement of intent that was submitted
34:04with it. So, it was actually improperly
34:06in introduced. Not only does the zoning
34:08code require a statement of intent, but
34:10also the city council's rules,
34:12specifically city council rule 18-2,
34:15requires that each bill proposing a
34:17legislative approval shall when
34:19introduced be accompanied by a statement
34:22of intent. Um, so for that reason, I
34:25request that the committee not move this
34:27bill forward. It should not have been
34:28introduced in the first place. Um, but
34:31beyond that, I think I have mentioned
34:33already my client owns this. to pass
34:36this bill would actually constitute an
34:38unconstitutional taking of this
34:40property. Um, how do I know? First of
34:43all, the fifth amendment prohibits the
34:46government from taking private property
34:47without paying just compensation.
34:50That protection extends beyond um to
34:53include any sort of legisl legislative
34:56action that is taken that deprivives a
34:58citizen from any beneficial use of their
35:01property. If this bill moves forward,
35:03then the site, which can currently
35:04accommodate up to 30 apartments along
35:06with a myriad of community oriented
35:08commercial uses, that includes art
35:10galleries and studios, restaurants, nail
35:13and hair salons, bakeries, would be
35:15effectively limited to use as a park or
35:18a playground. And now, how do I know
35:20that this would actually meet the
35:21standard? Well, because in 2016 when
35:25Transform Baltimore was enacted, a
35:27property that was just two blocks away
35:29from the subject property was downzoned
35:31from R7 to outside space. And the city
35:34not only settled a federal civil rights
35:36lawsuit for $595,000,
35:40$595,000 taxpayer dollars, $450,000 of
35:44those were for the vacant lot, and
35:46145,000 of those went to attorneys fees
35:48because it was a federal civil rights
35:50lawsuit. And in the settlement
35:52agreement, the city specifically
35:53stipulated that the downzoning to the
35:55outside space district was an
35:57unconstitutional taking. Um,
36:00unfortunately, this was not flagged for
36:01any of the committees that there was a
36:03pending foreclosure. Um, or not for the
36:06committees for any of the agencies. So,
36:07the law department did not have the
36:09opportunity to address this in their
36:11report. Um but beyond the fact that this
36:14is an unconstitutional taking that it's
36:16improperly before the committee today um
36:18it also fails to meet the change or
36:20mistake standard. So as this committee
36:23knows the Maryland land use article
36:25requires a showing of change or mistake
36:28for any peace meal zoning um otherwise
36:30it would be prohibited. The planning
36:33commission found that there was a
36:34mistake in the council's decision to
36:36zone the property C1 because it has
36:38historically functioned as open space
36:41and has been utilized in conjunction
36:42with the Waverly Farmers Market. Now, my
36:45review of Baltimore City property
36:46records actually indicate that permit
36:48number 2017-77
36:51was issued in late 2017. It was a
36:54demolition permit for a commercial
36:56structure that was on that property. And
36:59the most recent use permit that was
37:01approved was for a grocery store. So in
37:042017, this property was improved by a
37:07grocery store structure. That means in
37:092016 when the law was passed, the
37:11property was improved by a commercial
37:13structure.
37:16I'm I'm sorry, councilwoman. I'm just
37:17pulling from the city records.
37:18>> No, I'm I'm not going to have back and
37:19forth.
37:20>> No, absolutely. And I just want to
37:21clarify.
37:21>> I have an explanation for that.
37:23>> We're going to finish. So, I pulled
37:24Yeah, this is pulled though from
37:26Baltimore City Records permit number
37:282017- 0077. So, I'm not sure how a
37:32property could have been mistakenly
37:33zoned C1 neighborhood commercial when it
37:36was improved by a commercial structure.
37:40Um, so that in mind, there was no
37:43mistake. I don't believe there was a
37:44showing of mistake. And I'm also going
37:45to highlight the fact that in the C1
37:47zoning district, farmers markets and
37:49parks and playgrounds are permitted by
37:51right. So this is not fixing what is uh
37:55making the zoning comply with the use.
37:57The use that is there right now is not
37:59non-conforming. It is permitted by right
38:01will continue to be permitted by right
38:03under the C1 designation. Um so with
38:05that I I welcome any questions.
38:07>> Are there any questions uh for Miss
38:10Tilden?
38:11>> Mr. Chair
38:13I want I want to allow the committee to
38:15ask questions.
38:18>> Yes. Counciloman Porter.
38:19>> Thank you so much. I just wanted to be
38:21recognized before I started. Um, Miss
38:22Tilden, have you talked with
38:24Councilwoman Ramos about this?
38:25>> Yeah, so actually we requested to meet
38:27with Councilwoman Ramos. Um, we spoke
38:29about this and um, we were told there's
38:32no opportunity for compromise. We
38:34attempted to share our plans. My client
38:36is hoping to redevelop the property,
38:38which is again vacant, for use as a 30
38:41unit multif family dwelling with groundf
38:43flooror commercial use that would be
38:45actually open to the Waverly Farmers
38:46Market for them to use um over the
38:49course of um the winter year, the winter
38:52months. Um but again, we were denied the
38:55opportunity to meet with the bill
38:57sponsor,
38:58>> Councilman Parker.
39:01>> Uh thank you, Mr. Chair. Uh I note that
39:05uh most recent estat valuation for the
39:07property is 65,200 as it is you know an
39:10empty um uh C1 property in this area. Um
39:15how much money has your did your client
39:17spend to obtain it to this point? Obtain
39:19or improve it?
39:20>> Yeah. So at this point they have spent
39:22the tax felt was for approximately
39:24$34,000.
39:26Um but when we move into the federal
39:27takings lawsuits um in that case you're
39:30looking at the income potential of the
39:32property and so that just you know by
39:34way of explanation the other lot just
39:36two blocks away that was valued for
39:39purposes of the settlement agreement was
39:41a vacant lot also in Waverly that was
39:43valued at $450,000 for that settlement.
39:46>> Sure. I mean I I appreciate you
39:48following up with there. That wasn't the
39:49question I had asked. I just asked how
39:50much money your client was in for. Um I
39:54is your client interested in selling the
39:55property to the city of Baltimore aside
39:57from this this this plan that's in
39:59>> We would welcome any conversations but
40:01we have not had the opportunity to have
40:02them.
40:03>> Thank you, Miss Tilden. Thank you, Mr.
40:04Chair.
40:05>> Thanks. Any other committee questions?
40:09Okay.
40:12>> No.
40:13>> Okay. I will Thank you. Um I'll go back
40:16to Councilwoman Ramos.
40:17>> Thank you, Mr. Chair. Um thank you uh
40:20for the opportunity. two two things.
40:22Well, several things. One is that the
40:242017 record that um Miss Tilden is
40:27referencing is for the entire property.
40:30There's the lot and then two other
40:32properties. In 2017, we actually had
40:35them subdivided. So, the building itself
40:39became different than the lot. Okay. We
40:42they were subdivided. Oh, I'm sorry.
40:46Um so the just to repeat so there if you
40:50see on my the map that uh I have here in
40:53testimony okay the circle is the lot the
40:56two red squares are vacant properties at
40:59one point in time prior to 2017 those
41:03were all one parcel. Okay particularly
41:06the one building right next to the lot.
41:08I have emails and I can share them with
41:10the committee uh that show that we uh
41:14subdivided the lot from that building.
41:18The building was uh there you go. Yep.
41:21The building
41:23was determined was uh got the permit for
41:27the grocery store. It still has a sign
41:29on it that says Halal Grocery. Okay. The
41:32lot was subdivided
41:35from the building in 2018209.
41:39Okay. So, the lot has always been
41:43vacant. It's just that it was subdivided
41:46from that building at that time. Okay.
41:50Secondly, it uh just questions on that
41:53because I have a couple more to say.
41:54Yes, ma'am.
41:55>> Please.
41:56>> Thank you so much, Mr. Chair. It seems
41:58why didn't planning actually make that
42:00known within the plot of land? Did we
42:03have I mean you say you have emails but
42:04why wasn't that documented in record?
42:07>> Uh honestly it's got a separate address.
42:10So um so I didn't
42:12>> you want to answer that?
42:12>> Yeah I I we didn't
42:14>> Eric you want to answer that?
42:15>> Oh Austin I'm sorry.
42:17>> I'm pulling up the subdivision history
42:19of it right now.
42:21>> Yeah. Thank you for that question. Um
42:24because it has a separate address. I
42:25didn't think that we needed to, but um
42:28I'm happy to provide you the committee
42:30any evidence that's needed for that.
42:32Okay. The um the second thing about the
42:36the tax sale um the notice, you know,
42:41one of the things that I'm contesting on
42:42the tax sale is the notice. Uh the
42:45Waverly Main Street uh is two things.
42:48One is the water bill and secondly is
42:50the notice. Uh we did not get notice
42:52about the pending foreclosure. we did
42:54not get notice uh of uh the um the tax
42:58sales. So, I'm I'm contesting that. As
43:00you know, I've helped some of you
43:02contest tax sales. Uh and so that is
43:05still pending. Uh I did not know that
43:07the deed had been filed when I filed
43:09this because I filed this bill just
43:11because I I needed to make sure that we
43:13put this in the record. Uh so the timing
43:15is just a coincidence. It's not
43:18something that is uh that is relevant.
43:20Uh and then the last piece around the
43:23meeting uh the re the um the person who
43:28bought the leans uh had started to talk
43:30with residents and I had gotten very
43:33very uh distraught
43:38conversations with uh with residents
43:41about what they wanted to see there. As
43:43you know, I'm all for redevelopment. I'm
43:45doing a lot of work on Green Mount
43:47Avenue to get those vacant properties
43:49fixed uh up and um and we're going to be
43:52filling them in with a lot of great
43:54development. I'm interested in going
43:56higher, but this particular lot because
43:59of the historic nature and because of
44:02the use that the residents have had, uh
44:04we would like to keep it open space and
44:06this is the only leverage that I have is
44:08the zoning leverage. Uh so to the
44:12councilman's point, you know, obviously
44:13I'm interested in entering in those
44:15types of discussions. Uh so when they
44:18reached out to me and said, "Hey, we
44:19want to have uh a meeting about this."
44:22Uh generally I'm very good at having
44:24meetings and I'll be happy to do that. I
44:25did talk with Miss Tilden. Uh but I
44:28wanted to make it very clear that I
44:30wasn't compromising on the fact that we
44:32need to have this as open space.
44:37Councilman Gray.
44:40>> Uh this this question is for law. Um
44:42just from your insight um how did you
44:46come to your decision uh to uh to be
44:50okay with um with this bill going
44:52through? Could you just walk us through
44:53the process in light of uh Miss Tilden
44:56saying that potentially there could be a
44:58lawsuit?
45:01>> Thank you for the question. Um, when I
45:05wrote my bill report, this information
45:08was not available. When I looked at the
45:10records, Waverly LLC was the owner of
45:13record. Um, this information came to
45:17light afterwards.
45:19And really what the law department does
45:22is provide the council with the
45:25standards that must be met for a
45:28reasoning. And it is the province of the
45:32council to find facts and to determine
45:36whether those facts meet the standards
45:39for a reasoning. Um,
45:42if I had known this, I probably would
45:45have flagged the fact that
45:49if this bill is approved
45:53and if it is challenged in a court,
45:57um, and the court finds that there was a
45:59taking, then the legislation would
46:02either be invalid or the city would have
46:06to purchase the property for fair fair
46:09value.
46:10Um but that is
46:13the choice of the council as to whether
46:16they believe there is facts to enact
46:21this reasonzoning.
46:23There is a risk if it is challenged that
46:27a court could find this to be a taking.
46:30>> Okay. Thank you. You answer my question.
46:32I wasn't um I would have figured um for
46:36everyone that knows you guys are always
46:38very uh conservative about saying yes to
46:41a lot of things. So I was kind of
46:42surprised about this. Um but thank you
46:44for your insight.
46:46>> U Mr. Chair, I forgot to mention one
46:48address one other
46:49>> Sure. Um the statement of intent issue.
46:52Uh the I had asked DLR to go ahead and
46:55draft this. Um and uh there is an email
46:59exchange about the fact that they did
47:01not ask for a statement of intent
47:03because I am the applicant uh not a uh
47:07private entity. I am the applicant. Uh
47:10and so acknowledging uh that um
47:15uh that you know we also needed to have
47:18a letter from Waverly Main Street LLC
47:20which we have uh as uh support for for
47:24this uh as well. But that that's the
47:26answer to the um to this statement and
47:29and we may need to to clarify the rule
47:31which we're doing right now as opposed
47:33in terms of if that standard is
47:36something for all of us or is it just
47:38for private entities. So, that's
47:39something as we look through the rules
47:42um that we can certainly clarify, but
47:44DLR did not ask for uh a statement of
47:47intent and that is in an email exchange
47:48with Tony who had flagged it for us.
47:54>> Thank you. Yeah, Councilman Blanchard.
47:57>> Yeah, thank you, Mr. Chair. Um just a
48:00maybe a comment for planning, I suppose.
48:03um you know, spaces like
48:07like this lot um that play such an
48:12integral role in connecting community in
48:16and really bringing folks into the main
48:18street and really strengthening the
48:19assets and the businesses around there.
48:22Um I think it's it's very important that
48:25we have these and I think that it is
48:27important looking ahead that we try to
48:29make sure that um we don't have other
48:32spaces being used like this um that may
48:36be at risk of being in this sort of
48:39situation like this. So I would I think
48:41it's important that we we check across
48:43the city to see if there are other lots
48:45like this should that should be zoned
48:47open space to avoid the type of
48:49situation that we have to be in right
48:50now. So, just a just a comment there.
48:53Thank you, Mr. Chair.
48:54>> Mr. Chair, if I could address that real
48:56quick. Um, that actually is going to be
48:58part of the work that we do on the
48:59vacant lot um inventory. Uh, because one
49:03of the criteria for maybe getting out of
49:05having um you know, the vacancy tax
49:08attached to the vacant lot would be to
49:11resone. That's a something that we're
49:12discussing in the working group.
49:14>> Yeah. Thank you, Councilwoman. Thank you
49:15for your app.
49:16>> Thank you. Yep.
49:20Okay.
49:22Uh I will bring Miss Tilden back up. Um
49:25for
49:27the record and for everybody's knowledge
49:30uh and understanding here, this
49:32committee
49:34um conducts two types of business. U
49:38generally when hearing bills, we conduct
49:40quasi judicial business and we conduct
49:42um say politically uh deliberative
49:46business here. Bills of this sort are uh
49:49quasi judicial in nature and require
49:51that we give um opposing representation
49:57appropriate uh for time um uh in the
50:02fashion that a judicial body would be
50:04required to. And so, uh, I have to allow
50:07Miss Tilden to come back up in a way
50:10that I wouldn't otherwise have just
50:12general public testimony on, um, a
50:16matter of policy debate or something
50:18like this. Uh, so, Miss Tilden, you have
50:20the floor again.
50:21>> Thank you. Um, and so I guess I just
50:23have a couple items to quickly address.
50:26Um, I think as a preliminary matter,
50:28this is not the venue to litigate the
50:30issue of a tax sale and whether or not
50:32it there was proper notice. At this
50:34point, we have a deed from the city, and
50:36if there's a tax sale question that you
50:38have, we're happy to discuss it. Um, but
50:40at this point, my client owns the
50:42property. Um, in terms of whether or not
50:44the statement of intent is an issue, the
50:47zoning code requires it from the
50:48applicant, but the city council rules
50:50say regardless of whether or not um it
50:52is submitted by an applicant, these
50:55bills must be accompanied by a statement
50:57of intent. So again, this bill should
50:58not even be before the committee today.
51:00It's improper. Um, I also want to
51:03address the issue of whether or not the
51:04lot was subdivided. Thank you for that
51:06information. I appreciate the
51:08background. Um, but that doesn't
51:09invalidate the fact that when the city
51:11council zoned this property, there was a
51:13there was a commercial structure on it.
51:15It wasn't a mistake. They zoned a
51:17commercial property commercial. It was
51:19subsequently subdivided and this portion
51:22is no longer improved by the commercial
51:23structure. But when this bill when
51:26transform Baltimore was enacted and the
51:28city council chose to zone this property
51:30C1, it's because there was a commercial
51:32structure on it. That's not a mistake.
51:35Um so with that, I welcome any further
51:38questions. Um and again, thank you and
51:41as Miss Toth also, thank you for your
51:43for your assistance.
51:46>> Council Parker,
51:52it's all good.
51:54Um uh the
52:00yes sorry you've made reference a few
52:02times here to uh to to uh that you're
52:05representing the new owner but in as
52:07much as Estat and things I have no idea
52:08who the new owner is. It seems it seems
52:10relevant.
52:11>> Yes absolutely. So I'm representing BEL
52:13Associates and they are excited to begin
52:16investing in the city. So right now this
52:18is their third new construction project
52:21that they are working on. They purchased
52:23it in in May of last year and their
52:25intent was actually to as soon as they
52:27took title of the property begin work on
52:30this site and start clearing out and get
52:32ready for the pre-development process.
52:34They already have an architect on board.
52:36They already have a general contractor.
52:37They're ready to go. Um they've got one
52:39other project in Little Italy that is
52:41another multif family um that is going
52:43to have ground flooror commercial.
52:45They've already gone through
52:46pre-development with that. That included
52:48them working with the community. They're
52:49very familiar with that process. But
52:51then separately, they've got another one
52:53um in another location where they're
52:55looking to potentially do some new
52:57development um uh town homes.
53:00>> Okay. Um it was DL
53:03>> Bel Associates.
53:05>> BEL Associates. Um do you do you mind
53:08mentioning which property in Little
53:09Italy it was?
53:10>> Um I've got it written down here.
53:13>> It was also the vacant land or it was
53:14>> Yes.
53:15>> Okay.
53:17Uh that that was my second question was
53:20what other projects they're involved in.
53:21So thank you.
53:21>> Yeah.
53:25>> Thank you.
53:28>> I just want statement.
53:32>> Councilman Middleton.
53:34I just want to um make a statement as
53:37I'm kind of deliberating here as a a
53:42long-erving member that was a part of
53:45transform Baltimore and knowing that
53:48that whole process took about five six
53:51years and as we have been moving forward
53:55in different uh council districts there
53:59has been um record of mistakes really
54:03throughout out. That was a
54:06a process that started and we got
54:10together because um that transform
54:15never it took the weight was 40 years.
54:19So just imagine keeping things the way
54:22they were for 40 years and then all of a
54:24sudden for four or five years we had to
54:28go through a big extremely large packet
54:33of just everything re that's why it was
54:36called transform
54:38and um yes there uh were mistakes
54:42through that and um and that and that
54:46whole process was really done manually.
54:49ually we had meetings
54:51uh just about in every single district
54:54as we were transforming that. So, um
54:58just want to make that as a matter of
55:00record that yes, m uh the city does make
55:03mistakes, lots of mistakes, and um we're
55:07just kind of keeping that in mind as
55:09we're we're uh trying to make our
55:12decision on
55:14um a a council district that a person
55:18knows inside out and represents that
55:21district. Thank you.
55:25>> Maybe this was spoken to. I just
55:27planning or council Ramos, what does the
55:30comprehensive master plans general land
55:32and use map say about this property?
55:36>> I can speak to that. I
55:37>> I'll thank you.
55:42>> Pretty sure it's pedestrian oriented
55:43commercial.
55:44>> Okay.
55:47>> Um
55:50Okay. Um,
55:59>> we have testimony.
56:01>> We have public test. Oh, we do have
56:03other people. I'm going to go to Mr.
56:04Peter Duval.
56:18>> Button on the right. There you go.
56:21>> Okay.
56:21>> Michelle, can you come speak to me for
56:24one minute?
56:26>> Thank you, Mr. Duval.
56:27>> Yes. I'm Peter Dval, and Tiffany Duncan,
56:30the uh executive director of uh Waverly
56:33Main Street, has asked me to come here
56:35in person and testify in favor of this
56:37bill. Uh
56:40basically, the uh open space is the
56:43current use and the intended use for the
56:46property. So, uh, of course having
56:49zoning that matches that is we believe
56:52the the best thing and, uh, so
56:55therefore, uh, we support the bill.
57:03>> Thank you. Thank you, Mr. Duval.
57:08Um,
57:12>> we have one person online as well.
57:21Okay, Tiffany Duncan, we have you signed
57:24up to testify on this bill.
57:30>> Oh, okay.
57:34>> Okay. Okay.
57:41>> Good morning. My name is Tiffany. I'm
57:43executive director from Street. Hello,
57:45Tiffany.
57:47>> Yes. Can you hear me?
57:49>> Poorly. Very poorly.
57:53>> Oh, now.
57:56>> Is that better?
57:58>> Um, very quiet.
58:01>> But we'll all be very quiet here in the
58:03room so that we can hear you the best
58:04that we can.
58:06>> I'm sorry. Thank you. Um, I I would like
58:09to testify and say that I also support
58:11this bill. Um, as the director of
58:14Waverly Main Street, um, I have been,
58:16uh, working with Miss Ramos or
58:19Councilwoman Ramos with getting this
58:21bill um, done and passed. Um, as well as
58:25reviewing all the past records in
58:27reference to the um, inappropriate sale
58:29of this property. Um, I also would like
58:31to add that I actually met with the new
58:34the purchasers of the tax sale. Um and
58:37then their intent that their attorney
58:39has presented today was not the intent
58:41they told me when we met. Um they said
58:43that they supported what we had going
58:45on. Um they just wanted to continue with
58:47ownership. Um so you know I explained to
58:50them if you were from the community we
58:51should all work together. Um so I had
58:54they did not disclose any use or any
58:56purpose of trying to develop property um
58:59on the this land but simply just to
59:01continue to keep it as was in the
59:03community but they just would like to
59:05exercise their ownership. Um but again
59:07as um director that has not only taken
59:12over um operating operations with the
59:15Wling Main Street organization but also
59:18a long-term resident of this community
59:20who has witnessed the use of this
59:22property being utilized in several ways
59:25that benefits the community and
59:26residents of this in this area. Um I
59:28definitely give my full support to this
59:30bill.
59:33>> Thank you.
59:35>> Thank you.
59:37Uh, I believe we have one other person
59:38wishing to testify on this bill in
59:40person here.
59:42State your name for the record, please.
59:43>> Uh, legal name Connor Cowir, last name
59:46Miller. Um, I am a resident uh between
59:50Charles Village and Waverly. I'm here
59:52for a different bill, but uh I would
59:55urge the council to please consider
59:57voting for this because
59:59of the preservation of um
1:00:05community spaces that are used regularly
1:00:07as well as the prevention of more
1:00:10further gentrification to price out
1:00:13residents of the area. Um thank you.
1:00:21Thank you.
1:00:30>> Um,
1:00:34Council Ramos, I'll just ask your shall
1:00:37we proceed?
1:00:39Um, and
1:00:45>> [clears throat]
1:00:57>> Uh, I guess
1:01:38We have proposed findings of facts from
1:01:41the planning commission.
1:01:45um that I would move as the facts.
1:01:49Uh any debate on that?
1:01:53Okay. Um all in f favor of adopting the
1:01:57finding the facts from the planning
1:01:58commission say I. I. Oppose say nay.
1:02:03Abstain.
1:02:05Okay. And there are no amendments to
1:02:07this bill. Um,
1:02:10I will move the bill favorable. Uh, all
1:02:12in favor say I.
1:02:15U. Councilwoman Middleton would uh care.
1:02:20Would you care? Pardon me.
1:02:32All in favor of uh approving this
1:02:36recommending this bill favorable say I.
1:02:38I oppose say nay. Abstain.
1:02:42Great. Councilwoman Middleton. Uh Vice
1:02:45Vice President Middleton like to explain
1:02:47her vote. [clears throat]
1:02:48>> Thank you, Mr. Chair. As we're I do want
1:02:51it made a matter of a record as we're
1:02:53moving this bill forward. Um, I really,
1:02:58you know, feel bad for the, I guess,
1:03:02developers or the people that bought
1:03:04this, um, property. Um, I really think
1:03:09that the city needs to sit down with the
1:03:13council person and the owners and really
1:03:18come up with something whether to um,
1:03:22you know, make a deal to for the city to
1:03:26I mean for them to purchase or
1:03:28something. there. You know, it's a sad
1:03:32situation, but we've had and as far as
1:03:36I've been going through um making
1:03:38corrections, this is really a was a
1:03:41tough one. And I think the the pain and
1:03:45suffering of what this group has or
1:03:49person that bought this land has been
1:03:51going through and had plans and and as
1:03:54we really want to see uh movement like
1:03:58this and helping our city, there needs
1:04:01to be a continued conversation. So, I
1:04:04just wanted to um express that uh
1:04:08councilwoman and hoping that the parties
1:04:11can meet and really sit down and
1:04:15try to um continue to correct this
1:04:19wrong.
1:04:21Thank you,
1:04:22>> Councilwoman Porter.
1:04:23>> I have a question for the law
1:04:24department. What if this goes to what if
1:04:26this goes to court?
1:04:30>> I I can't predict what a court would do.
1:04:33They could find that this was a taking
1:04:35or they may not. It if it is a taking
1:04:38the as I said the legislation would be
1:04:41invalidated or
1:04:44uh the city would have to pay the fair
1:04:46value of the property to the owner
1:04:48>> and so if it is if it is considered
1:04:50invalidated what happens to the
1:04:51community like the community aspect of
1:04:53that?
1:04:55>> So councilwoman Ramos mentioned that
1:04:58there are quite a few community events
1:05:00on this particular plot of land. The
1:05:02court the courts come in determine that
1:05:04it's invalid.
1:05:07>> The Well, this bill seeks to zone this
1:05:10as open space. It would return to
1:05:13>> It would return to the owner.
1:05:14>> Yeah, it Well, it would return to its
1:05:17>> existing zoning.
1:05:18>> Okay,
1:05:18>> Tony, can you just take that?
1:05:21>> Thank you. Okay, we are going to move on
1:05:23momentarily. I'd like to take a fivem
1:05:25minute recess before we go on to the
1:05:26Harford Road Overlay District Bill
1:05:28250093.
1:05:30Quick recess here. Thank you, Mr. Chair.
1:05:33Thank you, colleagues.
1:05:33>> Thank you.
1:05:36>> Okay, thanks everybody.
1:05:39I appreciate everybody's patience.
1:05:44Uh resuming now. Uh we will move on to
1:05:52council bill 250093,
1:05:56zoning Harford Road overlay district. I
1:06:00will um take the podium myself and uh
1:06:04pass the chair over to Councilwoman
1:06:06Middleton. uh while I am at the podium
1:06:23and as he's moving to the podium uh good
1:06:27morning and I just want to
1:06:28[clears throat] read the
1:06:30before you begin I just want to read the
1:06:33purpose which is for establishing the
1:06:35Harford road overlay district.
1:06:38Um,
1:06:40delineating the boundaries of the
1:06:43district, creating
1:06:46applicable use regulations within the
1:06:49district, establishing bulk and yard
1:06:52regulations within the district,
1:06:54detailing other applicable standards
1:06:57within the district, amending certain
1:06:59off- streetet parking requirements, and
1:07:02generally relating to the establishment
1:07:05of the Harford Road overlay.
1:07:08district. And after um you do your uh
1:07:14opening uh statements, uh council member
1:07:18will also get the agency reports.
1:07:27>> Thank you. You can begin.
1:07:29>> Thank you, Madam Chair.
1:07:31Uh colleagues,
1:07:33thank you for hearing this bill with us
1:07:34today. Um
1:07:39the Harford Road business corridor,
1:07:42commercial corridor,
1:07:44um has struggled for decades.
1:07:48um losing businesses,
1:07:51having vacancy, having uh difficulty
1:07:55attracting businesses,
1:07:57um attracting businesses that are alike
1:08:00enough to other businesses that are on
1:08:03the corridor that the new business
1:08:05cannibalizes the business and patronage
1:08:08of the existing customers, making it
1:08:11difficult for either business to
1:08:12survive.
1:08:14um vacancy and um
1:08:19generally
1:08:21use that is not conducive to uh
1:08:25commercial Main Street uh feel and
1:08:27outcome um
1:08:30sort of abounds. Um my staff and I over
1:08:35the last couple of years have done
1:08:37intensive surveying of the corridor. Uh
1:08:41we've also w worked with the Baltimore
1:08:43Development Corporation and their uh
1:08:45community needs assessment uh surveying
1:08:49and
1:08:51um
1:08:52I'll just give a couple of I'm sorry
1:08:55somebody has left their cell phone up
1:08:56here.
1:08:59>> Oh, okay.
1:09:01Um
1:09:03the uh
1:09:06the corridor is made up more than 40% of
1:09:11just four uses of land. One
1:09:15uh making up roughly 10% is churches
1:09:19that are dark for all but a few hours of
1:09:23the week.
1:09:2610. Another 10% about is car related
1:09:30businesses. Uh that is gas stations,
1:09:34uh car repair places, car parts stores,
1:09:37car dealerships, car rentals,
1:09:41parking lots.
1:09:44Third, another 10%
1:09:47vacancy, flatout vacancy.
1:09:50And then about 12%
1:09:52residential generally low you low
1:09:56density residential I mean including
1:10:00commercially zoned
1:10:02single family detached homes on Harford
1:10:05Road taking up space that could be more
1:10:08valuable commercial space but making up
1:10:11the largest single use of land along the
1:10:15Harford Road corridor. Um
1:10:18these things make it difficult for us to
1:10:23revitalize the corridor at the scale
1:10:26necessary.
1:10:29This challenge of the corridor's vi
1:10:32vitality has existed for so long that
1:10:38it had gotten bad enough two decades ago
1:10:42that the city commissioned the
1:10:44preeminent
1:10:45uh kind of urban design firm in the
1:10:48country to
1:10:51survey the area and to work with
1:10:53community to better understand what
1:10:56folks wanted. and believed could come of
1:10:59the corridor and um reported on that and
1:11:05what the preeminent professionals in the
1:11:08field believe is necessary in order to
1:11:12bring about the kind of change that
1:11:14folks want.
1:11:17The most bas basic of those
1:11:20recommendations
1:11:21were
1:11:23heated
1:11:25and the ones that required
1:11:28meaningful substantive change and
1:11:32planning
1:11:34were not heated. The most important
1:11:37recommendations were ignored.
1:11:40um a strategy of trying to revitalize
1:11:45Harford Road in nodes, identifying three
1:11:50small areas where the idea was if you
1:11:56put some facade grant resources, if you
1:12:00put some emphasis into telling people
1:12:03how great this small little pocket area
1:12:06in the neighborhood is, if you make sure
1:12:09that these areas in particular are clean
1:12:12and neat and um you go and support the
1:12:15businesses in your neighborhood, these
1:12:17nodes will survive will will thrive
1:12:19enough that they will be get further
1:12:22investment and the success in those node
1:12:25areas will expand. That strategy failed.
1:12:29Those nodes have not caused any
1:12:32expansion of business investment or real
1:12:36estate investment around them. The only
1:12:38meaningful real estate investment that
1:12:40has occurred in the last 20 years since
1:12:43this strategy was implemented was due to
1:12:46persistent failures of very large
1:12:49unutilized properties outside of those
1:12:52node areas that required unique
1:12:55investment opportunity to arise. Uh, for
1:12:58example, the largest property on all of
1:13:00Harford Road, over three acres being
1:13:02purchased by MCB Real Estate in order to
1:13:05put up uh large housing uh development
1:13:08that is master leased to Morgan. There
1:13:11are very few people that could
1:13:12capitalize a project like that and uh
1:13:15there are very few circumstances that
1:13:17could make a project like that work.
1:13:19master leasing to a college that's right
1:13:22around the corner that has a deficit of
1:13:24thousands of housing units was essential
1:13:26to make that work. Um there was a
1:13:31vacant essentially um
1:13:35uh parking lot that wasn't even being
1:13:38used as a parking lot. It was just an
1:13:40asphalt slab that eventually the owner
1:13:43got sick of owning um and sold and it
1:13:48turned into apartments uh at upper
1:13:50levels above some uh commercial spaces
1:13:54below. Um these opportunities
1:13:59um in fact are more likely to be a
1:14:02catalyst for change in the nodes that
1:14:05they are near than the nodes would ever
1:14:08have been for them uh to change if that
1:14:12makes sense.
1:14:14Um,
1:14:16the Harford Road Overlay District
1:14:18recognizes that the number one
1:14:21recommendation of the 2008 study, which
1:14:25let me be clear, I'm sure that
1:14:27somebody's going to follow me at this
1:14:28podium today and say it's so old. How
1:14:31can you even trust that?
1:14:33when the recommendations are not based
1:14:37when the recommendation when a
1:14:38recommendation is based on basic
1:14:40principles like it takes customers to
1:14:43support businesses. If you don't have
1:14:46enough people living near your
1:14:47businesses, you aren't going to have
1:14:49enough customers. This is a very basic
1:14:51principle that hasn't changed in the
1:14:53last 20 years anymore than it has
1:14:55changed in the last five centuries.
1:14:59Um and so it's as relevant today as it
1:15:02was 20 years ago. Uh when you recognize
1:15:05that the chief recommendation of this
1:15:08report was that you have to address the
1:15:11the insufficient population density. The
1:15:142008 report
1:15:17uh spends considerable time looking at
1:15:20the kinds of neighborhood main streets
1:15:23that people in this area said have the
1:15:26kind of main streets they would like.
1:15:28They talk about Charles Village. They
1:15:30talk about um uh Fels Point. They talk
1:15:33about Hampton. Not that they want their
1:15:36neighborhood to be those neighborhoods,
1:15:38but that those neighborhoods have the
1:15:40kind of main street that they would like
1:15:42Harford Road to have. And the chief
1:15:45difference between those neighborhoods
1:15:47and the Harford Road corridor is a
1:15:50massive difference in population
1:15:52density.
1:15:54The Harford Road overlay seeks to
1:15:56address this in a way that is strategic
1:16:01and I would say surgical. It looks at
1:16:05the whole of the surrounding communities
1:16:08which have roughly 16,000 homes in them
1:16:12and says what if we take a little less
1:16:15than 10% of those properties and I don't
1:16:18mean to say take. What if we
1:16:21what if
1:16:23a little less than 10% of those
1:16:25properties that are closest enough to
1:16:28Harford Road or closest to Harford Road.
1:16:31What if those
1:16:34were able to have more housing than what
1:16:37is there now? If we simply remove the
1:16:41prohibition
1:16:42that exists, because
1:16:46as soon as you step foot off of Harford
1:16:48Road,
1:16:50nothing is allowed to exist except for
1:16:53essentially single family detached
1:16:55homes. There are some uh examples here
1:16:59and there sporadically along the
1:17:00corridor where there are a few row homes
1:17:02and a couple of duplexes, but by and
1:17:04large nothing is allowed to exist on any
1:17:07side street off of Harford Road except
1:17:09for a single family detached home. Hence
1:17:11the extreme low density of population
1:17:13that's there. If we just allow the first
1:17:18say 500 ft, which once you take into
1:17:21account the properties that front on
1:17:23Harford Road, which are about 150 ft
1:17:25deep generally,
1:17:27um you're really only talking about like
1:17:29five houses down any neighborhood side
1:17:32street. If we allow those houses the
1:17:35possibility
1:17:37of becoming higher density housing
1:17:40through creation of apartments,
1:17:43then we might stand a chance in the next
1:17:46generation or the generation after that
1:17:49of Harford Road having developed enough
1:17:52slightly more population density to
1:17:54support this corridor in the way that it
1:17:56needs.
1:17:58Um in addition to this allowance of
1:18:02housing
1:18:04uh where it's extremely limited
1:18:07presently uh the the
1:18:11overlay ordinance
1:18:14maintains um many of the sort of use
1:18:19standards that are commonly found in
1:18:25urban renewal plans. uh restricting
1:18:28certain uses on the commercial corridor
1:18:31itself that are thought to be um
1:18:36antithetical to a main street sort of
1:18:39outcome like
1:18:43large parking lots and
1:18:46um park parking lots and auto related
1:18:49businesses, car dealerships and other
1:18:52things. Um
1:18:55uh as well as restricting curb cuts so
1:18:57that we don't end up with more and more
1:19:00driveways where cars are driving across
1:19:02the sidewalk where we want to make it
1:19:04safe for pedestrians.
1:19:06Uh
1:19:12as well as some that we were we just
1:19:15received last night I believe from BMCA.
1:19:18[snorts]
1:19:19Um, I have done
1:19:22considerable
1:19:24uh listening and outreach on this bill.
1:19:27We had a community listening session
1:19:29just last week. We had one two weeks
1:19:32before that. They were well attended.
1:19:35Um, and I have amendments here that I
1:19:37believe are responsive uh at least in
1:19:41part to some of the concerns that we
1:19:43heard. Um if you
1:19:48um look at the flyer that one person uh
1:19:52produced or some yard signs that
1:19:55somebody produced, the main um emphasis
1:20:00of uh
1:20:03the change that this would allow that
1:20:05faces opposition is the idea of a
1:20:08sixstory
1:20:10uh building that could go up next to
1:20:12your house. Uh I respect this concern
1:20:16and even though I think it's extremely
1:20:18unlikely
1:20:20uh that a six-story building would
1:20:23occur,
1:20:25um
1:20:27I have proposed amendments that would
1:20:29not allow that. Um I have an amendment
1:20:32here
1:20:34that rather than just pointing to the
1:20:38R10 standard. So the bill says in order
1:20:40to affect this idea that we could allow
1:20:42more housing on these neighborhood side
1:20:44streets, the first reader says
1:20:47regardless of whatever the underlying
1:20:49zoning is because we have a mix of I
1:20:51don't know some R1, R2, R3, R4 different
1:20:54things along Harbor Road. It says
1:20:56whatever regardless of what the
1:20:58underlying zoning is, multif family
1:21:00housing is allowed and it can be
1:21:02constructed to the R10 balkan yard
1:21:05standards which is the highest intensity
1:21:08residential uh zoning standard that we
1:21:11have. My amendment strikes that and sets
1:21:16a flat maximum height of 45 feet which
1:21:21is only one story or 10 ft taller than
1:21:24what is already allowed right now. So I
1:21:27think it's a modest gain.
1:21:29Um and uh it maintains all of the same
1:21:34setbacks. So, whatever the setback
1:21:37standards are in the underlying zoning
1:21:40district, five feet on the side lot line
1:21:42or 10 feet on the side lot line, uh
1:21:4740t or 30 feet or 25 ft on the front lot
1:21:51line,
1:21:54it maintains that um in a non-uniform
1:21:57fashion. And it it says that if it if
1:22:00it's an R3 property, you can build
1:22:02multif family and you can go up to 45
1:22:05ft, but you have to adhere to the same
1:22:08setback standards that everybody all the
1:22:10other properties already had. And um the
1:22:14only other diversion from that is about
1:22:16the maximum lot coverage uh allowing 60%
1:22:20lock coverage um instead of something
1:22:24much more intense under the R10
1:22:26standard. Um and so uh I hopefully this
1:22:32allays some concern for some people. Uh
1:22:35I'm certain that it will not allay all
1:22:37concern for all people.
1:22:39Um,
1:22:41that is the main amendment that I have.
1:22:44[snorts] And then the BMCA has
1:22:46amendments that uh we've just received
1:22:50that uh I guess they will speak to, but
1:22:52they are essentially transition
1:22:54provisions that relate to like if a
1:22:57property had an existing permit for use
1:23:01that might be at odds with the Harvard
1:23:03Road overlays changes. um that that use
1:23:08permit can continue. Um and if they're
1:23:12have building permits for construction
1:23:15then or permit applications in that
1:23:19those applications would be reviewed
1:23:21under the code that existed or exists uh
1:23:25prior to the establishment of the
1:23:27overlay district. Um
1:23:30before I um
1:23:33ask for questions,
1:23:36uh I will just
1:23:38address one other point of opposition
1:23:42that uh has come up again and again.
1:23:48Um and that is
1:23:50[snorts]
1:23:54colleagues. You're all familiar with the
1:23:56idea that
1:23:58somebody doesn't like something that
1:24:00you're proposing and they resort to uh
1:24:04sort of personal attacks and personal
1:24:05maligning. And one of the most um
1:24:10repeated things that I've heard in the
1:24:12course of uh discussion of this bill is
1:24:17why doesn't it apply to your
1:24:19neighborhood?
1:24:21Because I don't happen to live in one of
1:24:23the neighborhoods along the Harford Road
1:24:25commercial corridor. Now, if I lived in
1:24:29original Northwood or Hillen or Bair
1:24:34Edison or any other neighborhood in my
1:24:36district that doesn't have any frontage
1:24:40of that neighborhood along Harford Road,
1:24:43I'm not sure that folks would be saying
1:24:45this. Um, you know, if folk I don't
1:24:48think that folks are going to go, well,
1:24:50why aren't properties on Lock Raven
1:24:52Boulevard included in the Harford Road
1:24:54Overlay district? Right? The answer is
1:24:57in the question. My neighborhood,
1:24:59Mayfield, happens to be uh a
1:25:04neighborhood that that has some property
1:25:06frontage along Harford Road. The answer
1:25:09is this is that one, no study of Harford
1:25:14Road as a business corridor has ever
1:25:17looked at any footprint other than what
1:25:20I'm identifying here as the overlay
1:25:23area, the overlay district. The Harford
1:25:26Road Business Corridor very clearly, not
1:25:28in just my eyes, but in many others, is
1:25:31plainly the area extending north from
1:25:36Argon Drive or Parkside Drive, not south
1:25:38of there. Two, south of there is a city
1:25:44park with no buildings and no addresses
1:25:47for a half a mile,
1:25:50disconnecting it from any other
1:25:52neighborhoods to the south.
1:25:55That's a clear barrier and we're all
1:25:57familiar with those kind of barriers.
1:25:59Most city council districts have
1:26:00barriers like that that divide one part
1:26:02of a district from another. I have
1:26:04Morgan State that divides very different
1:26:06neighborhoods to its west from
1:26:08neighborhoods to its east. Uh in the
1:26:11seventh council district, um Druid Lake
1:26:14Park divides neighborhoods to its east
1:26:17and west uh making that are very
1:26:20different neighborhoods. Land barriers
1:26:22actually matter.
1:26:25Herring Run Park is a half a mile of
1:26:27park along Harford Road that very
1:26:30clearly delineates the Harford Roads
1:26:32commercial corridor. But if that's not
1:26:33enough, in my neighborhood in Mayfield,
1:26:36there is
1:26:384200
1:26:40linear feet of frontage along Harford
1:26:44Road for properties.
1:26:47210 of those feet are commercially
1:26:50zoned.
1:26:52They are the smallest commercial
1:26:54properties anywhere on Harford Road. Uh
1:26:57it's in fact only two properties.
1:27:00Two properties on that whole stretch of
1:27:03Harford Road are commercially zoned.
1:27:05Everything else is duplexes, single
1:27:09family detached homes, and row homes.
1:27:11There's never been any semblance of a
1:27:13commercial corridor. Never been any
1:27:16intention of one. Um whereas even
1:27:21the single family detached homes on
1:27:25Harford Road in the actual Harford Road
1:27:29commercial corridor of the Overlay
1:27:30District area are zoned C properties.
1:27:36None of the properties in my
1:27:38neighborhood have ever been zoned
1:27:40anything other than residential except
1:27:43for two properties that again make up
1:27:46210 ft of linear frontage out of the
1:27:504,200 ft of linear frontage. There is
1:27:53just no mistaking the difference between
1:27:56my neighborhood and the rest of the
1:27:59overlay.
1:28:01I am elected to represent all of my
1:28:05district and all of the neighborhoods,
1:28:08even outside of my own neighborhood.
1:28:10What kind of a city councilman would I
1:28:12be if I was only elected to make
1:28:14decisions about things that apply to the
1:28:17neighborhood that I live in?
1:28:20I'm here to steward better outcomes for
1:28:24the Harford Road commercial corridor,
1:28:26which has been struggling for
1:28:28essentially half a century at this
1:28:30point. I'm here to make the hard change
1:28:33that nobody else would make 20 years ago
1:28:36in the light of
1:28:38a strong report making these
1:28:40recommendations. And so I ask for your
1:28:42support on this bill today.
1:28:46>> Thank [clears throat] Thank you. Any
1:28:48questions from the committee directly to
1:28:51the sponsor? We are going to do agency
1:28:53reports and we'll start at the end with
1:28:56the councilman of the first district.
1:28:59>> Thank you, Madam Vice President. I thank
1:29:02you, Mr. Dorsey, for your description of
1:29:05everything and these amendments and the
1:29:06description of the amendments. My only
1:29:08question at this point um in looking at
1:29:11the uh the changes to use that will be
1:29:14allowed um in the overlay district um in
1:29:17general it's it's um it's moving towards
1:29:20a more permissive in terms of variety of
1:29:22uses but also the level of approval
1:29:24necessary uh for any given uses with one
1:29:28exception I was maybe it's an oversight
1:29:30uh but I wanted to mention it to you but
1:29:31if it's not I wanted to ask for an
1:29:33explanation which is um in the O1 one.
1:29:37Uh so the overlay residential areas um
1:29:40daycare center adult or child currently
1:29:42in residential districts um is a um
1:29:45condition conditional use sometimes or
1:29:47permitted use depending on which kind of
1:29:49our district it is. It's like a
1:29:50homebased daycare is what we're talking
1:29:52about. Um but it appears based on what I
1:29:55have in front of me that they would no
1:29:56longer be permitted at all. Uh childcare
1:29:59centers wouldn't be permitted at all in
1:30:01the O one uh overlay zoning. So maybe
1:30:06that's an oversight. If not, if it's
1:30:08deliberate, uh it just jumped out at me
1:30:09because everything else is moving
1:30:10towards a more robust dynamic uh
1:30:13commercial area. Thank you, Mr. Dorson.
1:30:18>> Thank you.
1:30:20Um I admit there's a possibility this is
1:30:23an oversight. I don't recall any
1:30:25deliberate uh intention on this.
1:30:30Happy to bring a floor amendment to
1:30:32address that.
1:30:35Okay.
1:30:36Um, moving on to the councilman of the
1:30:38eighth district. Did you have a
1:30:40question? Councilwoman of the 10th
1:30:44>> with with the agency reports. Okay. Yes.
1:30:47Councilman of the 11th district.
1:30:50>> Yeah. Um, thank you very much for
1:30:52introducing this bill. Um, Councilman,
1:30:55and I'll just second uh Council Member
1:30:57Parker's point about the daycarees.
1:30:58We've actually been having a lot of
1:31:00legislative conversations on making it
1:31:02easier to have daycarees in the city
1:31:03because I think we can all agree that
1:31:05>> that's important. We should have that.
1:31:06Yeah, child care is important uh and too
1:31:09expensive. Um the so that and I'll also
1:31:14just as a a brief comment um we've got a
1:31:17a area of my district that's about a
1:31:20almost 1 and a half mile radius circle
1:31:29managed to get uh a property owner to
1:31:31get an LOI with the grocery store. I was
1:31:33kind of involved in that effort and I
1:31:35asked the grocery store that hopefully
1:31:38will be coming in, you know, what made
1:31:39you decide to to come in, like what was
1:31:42the reason for you taking this risk
1:31:44here? Um, and they said it's got the
1:31:48population density and he even said
1:31:50explicitly like it doesn't it's not
1:31:51quite the income level that we typically
1:31:54have, but it's it's the population
1:31:56density is there uh to make it make
1:31:58sense. So on something that in my
1:32:01district is which has plenty of its own
1:32:04commercial corridor challenges. Um
1:32:07literally just had this conversation
1:32:08very recently. So I it makes sense that
1:32:11the 2008 report and all these everything
1:32:14that we know about commercial corridors
1:32:15that is very important there. So thank
1:32:17you.
1:32:17>> Yeah thank you. Harford Road, it's got
1:32:20all these really strong indicators or
1:32:22traditionally strong indicators um about
1:32:26income levels um you know low extreme
1:32:30low vacancy
1:32:32uh in among the residential properties,
1:32:34right? I mean there's a real disconnect
1:32:35when you've got less than 1% residential
1:32:38vacancy and you've got 10% commercial
1:32:40vacancy.
1:32:42You know, something is a miss. Um and uh
1:32:46but you know income levels, education
1:32:49levels, uh vehicle access rates, all
1:32:52these things that are traditionally very
1:32:55strong indicators of what should be a
1:32:57prosperous area um are still
1:33:01insufficient to bring about the kind of
1:33:04commercial corridor results. It makes me
1:33:06think uh just generally like we're we're
1:33:11either a suburb trying to be a city or
1:33:15we're a city trying to be a suburb.
1:33:18Basically, Harford Road would work if we
1:33:21reduced the whole of the commercial
1:33:23corridor to a few blocks and made
1:33:27everything else massive sprawling
1:33:29parking lots so that it was a purely car
1:33:32oriented uh suburban strip mall
1:33:35destination. Uh but I don't think that
1:33:37that's what people want. And so the
1:33:39alternative to that is making it an
1:33:42actually uh more urban like environment.
1:33:45you just there's not really a functional
1:33:47in between uh that I know anywhere.
1:33:53>> Any further questions to the sponsor? I
1:33:57just want to add I you uh as you were
1:33:59speaking you proudly talked about the
1:34:02different all the diff gave us a
1:34:04subnopsis of all the different areas
1:34:07that your district represents and um how
1:34:12many years have you served your
1:34:15district?
1:34:15>> This is my 10th year.
1:34:17>> Okay. I just kind of wanted to make that
1:34:19a matter of record because um
1:34:22uh you know we have some members that
1:34:24are new and some members that have uh
1:34:27length like you and um when we're
1:34:31elected we're relied on
1:34:35um making decisions
1:34:38as you said for our total district but
1:34:43we know how to start improvements
1:34:46>> based on Um, and a lot of that has to do
1:34:49with our experience and longevity.
1:34:51>> If I could add one last thing is, um,
1:34:55I've been here long enough that this
1:34:57ain't my first showdown with just this
1:35:00bill. And so, let me acknowledge that
1:35:02because you'll probably hear about that
1:35:03from others, too. Uh, at the end of last
1:35:06term, we passed the Harford Road Overlay
1:35:09District.
1:35:11Um, there was a deficiency of notice.
1:35:14There was a legal challenge to that and
1:35:18the court made two findings in favor of
1:35:22the plaintiffs. So the folks seeking to
1:35:25strike down the law. It made two
1:35:26findings. One that the people filing the
1:35:29case did have standing
1:35:32and without which they would not have
1:35:35been able to even pursue finding number
1:35:37two. that those people were supposed to
1:35:41have been mailed something at their
1:35:43house to give them notice
1:35:45and we didn't mail them. Uh I received
1:35:49bad advice
1:35:51um
1:35:53about this. Um, and we did a notice that
1:35:57was
1:35:59similar to or the notice that you would
1:36:02have to do for an urban renewal plan,
1:36:06not the notice that is required for a
1:36:09comprehensive resoning.
1:36:11Uh, what this is is uh it meets the city
1:36:14code's definition of a comprehensive
1:36:16resoning. And so we have now done the
1:36:19notice required for that. We've done the
1:36:21posting. We've done the newspaper. We've
1:36:23done um 1,800
1:36:27pieces of mail, [clears throat] one sent
1:36:30to each individual property owner uh
1:36:33along within the within the entire
1:36:36footprint of the overlay area. Um and so
1:36:41it's unfortunate that we didn't get it
1:36:42right the first time, but we've got it
1:36:44right the second time on the notice. And
1:36:46the notice is the only reason that the
1:36:48court struck this down. Everything else
1:36:50about the bill is legal. Thank you.
1:36:53>> Thank you. And now as you come back to
1:36:56your seat in your role as chair,
1:37:00we'll just take a 10-minute recess.
1:37:05>> 10 second I mean 10 second, not 10
1:37:09minute.
1:37:10[laughter]
1:37:16>> Uh yeah. No, it's not.
1:37:25Okay, 10 seconds is up. Thank you, Madam
1:37:28Vice Chair.
1:37:31Um, we will go to
1:37:34agency reports.
1:37:37Um, law department.
1:37:41>> Thank you, Mr. Chair. The law department
1:37:43approves reform form and [clears throat]
1:37:45legal sufficiency with amendments.
1:37:48>> Thank you. Um
1:37:53the Department of Finance.
1:37:56>> Good morning, Mara James for the
1:37:58Department of Finance. We stand by our
1:37:59report. We support this legislation. We
1:38:01anticipate that there could be uh
1:38:03revenue impacts for the city, increased
1:38:06property tax and income revenue from
1:38:08these zoning changes.
1:38:09>> Thank you.
1:38:11uh housing community development.
1:38:15>> Thank you, Chair Dorsey. Jason Wright
1:38:17representing DHCD. We respectfully stand
1:38:19behind our favorable bill report. Thank
1:38:20you.
1:38:20>> Thank you. Transportation.
1:38:23>> Thank you, Mr. Chair. Luciano, the S for
1:38:25DoD. We have no recommendation on the
1:38:28bill.
1:38:29>> Thank you. BDC is not here.
1:38:32>> Uh good morning. Uh uh Mr. Chair, BDC
1:38:35stands by its favorable report. Trey
1:38:37Hayes from the mayor's office.
1:38:38>> Thank you. Planning Commission.
1:38:41>> Thank you, Mr. Chair. For the Planning
1:38:42Commission, they reviewed this bill in
1:38:44their public meeting of January 16th
1:38:46where they recommended amendment and
1:38:47approval. And I believe the one uh minor
1:38:49amendment that they had regarding um
1:38:51alternative energy systems has been
1:38:53included in uh your amendments.
1:38:56>> Yes. Thank you.
1:38:59>> There was
1:39:04BMCA.
1:39:06Thank you.
1:39:07>> Thank you, Mr. Chair. Um, BMCA is
1:39:10favorable with amendments and we
1:39:12apologize for the late submission of the
1:39:14amendments. Happy to to summarize them
1:39:16if you'd like.
1:39:17>> Um, if you'd like. Yeah, sure.
1:39:19>> Okay. Um, we proposed um a transition
1:39:23rule. Uh, we understand there's an
1:39:25existing transition rule in the code
1:39:27under 2203.
1:39:30Um, those are handling grandfathered
1:39:32cases and this is kind of a unique
1:39:34circumstance where the ordinance was
1:39:36struck down. So it's as though it never
1:39:39existed. Uh we estimate there probably a
1:39:43very small number of cases about 6 to 12
1:39:46um permits that were granted under the
1:39:49now invalidated ordinance. Um, and we're
1:39:52also looking at um approvals and grants
1:39:55under that invalidated ordinance and
1:39:57those that were granted after July 22nd,
1:40:002026 that we'd continue to treat those
1:40:03as non-conforming uses. And also looking
1:40:06at um pending applications that could be
1:40:10reviewed under the current law or opt to
1:40:12be reviewed under this ordinance if and
1:40:15when it takes effect. And this would
1:40:18just give clear guidance to to the board
1:40:19and the zoning administrator on how to
1:40:21treat this small number of cases.
1:40:24>> Great. Thank you. And did I see that
1:40:25this is um basically the same as the
1:40:28amendment recommended by BDC?
1:40:30>> Um maybe.
1:40:32>> Yeah, I think the BDC was also
1:40:34recommending this um
1:40:38transition provision.
1:40:41Colleagues, committee members, any
1:40:42questions for any of the city agencies?
1:40:47Um okay. Uh and I just again I will just
1:40:52make sure I reviewed my own amendments
1:40:55here adequately.
1:40:58Um, amendment tw one is just the uh
1:41:03changes to
1:41:05the
1:41:08title, the long form title of the bill
1:41:13as well as striking references to
1:41:17obsolete provisions. This bill was
1:41:22introduced
1:41:24prior to the enactment of the ordinance
1:41:28that we passed last year
1:41:31um pertaining to off- streetet parking
1:41:34minimums. Um, and so the first reader
1:41:37copy still has language in it pertaining
1:41:40to that says there are no off- streetet
1:41:42parking minimums and added the Harford
1:41:44Road overlay to a the list of things
1:41:47that are that were already exempted and
1:41:50now it's not necessary and so all the
1:41:52language in here pertaining to off-
1:41:53streetet parking stuff is removed uh as
1:41:56it's um a moot point. Um table
1:42:02amendment two um is the
1:42:07replacement of the reference to R10
1:42:10multif family standards with the table
1:42:12as I described it allowing for up to 45
1:42:15ft in height 60% lot coverage and
1:42:18otherwise adhering to the minimum uh lot
1:42:22size standards
1:42:24in uh or the the setback standards
1:42:28rather for uh whatever the underlying
1:42:31zoning districts uh would be for the
1:42:33residential properties uh when uh used
1:42:36for multifamily purpose.
1:42:39Um amendment three addresses law
1:42:43department concerns related to uh
1:42:46language in the bill about curb cuts. Um
1:42:50and amendment four um aligns this bill
1:42:56with
1:42:57the other bill that Councilman Torrance
1:43:00and I have uh establishing a definition
1:43:03of grocery stores. Um, so this sort of
1:43:07anticipates the passage of that bill and
1:43:09adds grocery stores into the table of
1:43:13allowed uses uh in the commercial areas
1:43:16um so that we don't have to amend that
1:43:18table later on. Um and
1:43:22the uh amendment five is uh a
1:43:29minor amendment changing from permitted
1:43:33to conditional by board. Uh as uh
1:43:38following the recommendation of the
1:43:40planning commission for uh energy what
1:43:44is it called Eric?
1:43:47alternative energy uh facilities.
1:43:51Um okay,
1:43:54Vice Chair Middleton,
1:43:56>> and then I you're going to add I guess
1:43:58listening to uh the councilman of
1:44:01district 1 and you're going to add a
1:44:04child care.
1:44:04>> Yeah, I'll get that for second reader.
1:44:06>> Okay,
1:44:07>> thank you. Yeah.
1:44:09Um okay, we have a number of people
1:44:12signed up for public testimony. I'm
1:44:14going to uh just review this signin
1:44:18sheet here real quick and then start
1:44:21calling on folks
1:44:23>> calling two or three at a time.
1:44:26>> Okay.
1:44:38Okay. Uh we will start with I'm going to
1:44:41call people two or three at a time just
1:44:44because we have um some people that are
1:44:47actually outside of the room and if
1:44:49somebody who knows them needs to go get
1:44:51them or something or if they need to
1:44:53make their way in here I guess if they
1:44:55can hear us from in the other room if
1:44:56they're watching in there then they can
1:44:58make their way over here. So, first
1:45:00we'll go to Jod Landers and then Georgia
1:45:02Corso. Uh, and then third will be uh I
1:45:06can't read the first name, but the last
1:45:08name looks like Mills. Um,
1:45:12and
1:45:14uh, folks giving testimony will have two
1:45:18minutes.
1:45:23Thank you, Mr. Chair. Before I begin my
1:45:25testimony, I want to go on public record
1:45:27of saying I object to the chairman
1:45:30presiding over this public hearing
1:45:32because he is both a sponsor and the
1:45:35primary applicant for this bill
1:45:38that shouldn't be things you need to
1:45:41know about this bill. This is basically
1:45:44the same bill that residents and
1:45:46neighbors successfully challenged in
1:45:48court that was nullified because
1:45:50Councilman Dorsy ignored the law and
1:45:53hastily pushed the bill through the
1:45:55council. The overlay extends more than
1:45:582.9 miles along Harford Road and covers
1:46:02more than 375
1:46:05acres. To put this in perspective,
1:46:08Disneyland and the Adventure Land Park
1:46:11combined cover 172 acres. So, this bill
1:46:16is an audacious undertaking. It includes
1:46:20more than 1,200 residential properties,
1:46:23most of which are currently zoned low
1:46:26density R3. They'll all be upzzoned to
1:46:30allow R10 multi-story high density
1:46:34development. The chart below on what I
1:46:36passed out shows the dramatic difference
1:46:39between what's permitted under R3 versus
1:46:42R10. So perhaps you can understand why
1:46:45the majority of residents in and a
1:46:48bordering the overlay oppose it. Every
1:46:50neighborhood along Harford Road is
1:46:52included except for the neighborhood
1:46:54where Councilman Dorsy and his family
1:46:56own a home. He says it's because the
1:46:58park separates it. The truth is the
1:47:01opposite side of Harford Road isn't even
1:47:03in his district. It's in Councilwoman
1:47:05Ramos's district. So, he's relying on
1:47:08her and other council members under
1:47:10council manic courtesy to support this
1:47:13bill. That's a dramatic assault on our
1:47:15neighborhood. This bill is legally
1:47:19flawed in many other significant ways.
1:47:21Key among them is the fact that it
1:47:24doesn't comply with the basic legal
1:47:26definition of an overlay district. None
1:47:28of the information in the notices that
1:47:31Councilman Dory Dorsy submitted even
1:47:34mention R10 zoning and there's been no
1:47:37recent study of this and no findings of
1:47:41fact.
1:47:41>> Thank you, Mr. Landers. You're talking
1:47:43>> last point. Tragically, if the council
1:47:45insists on blindly going forward with
1:47:48this flawed measure out of a misguided
1:47:50sense of council courtesy, it will leave
1:47:53the residents with no choice but to once
1:47:56again challenge it in court, but this
1:47:59time on a much broader legal scale.
1:48:02Thank you,
1:48:05M. Corso.
1:48:14I moved to Laraveville in 1972 and
1:48:18bought my first piece of property in
1:48:211974.
1:48:22I was the president of the Laraveville
1:48:25Improvement Association and we worked
1:48:27diligently to try to keep the number of
1:48:32rentals
1:48:34where they were and not allow any more
1:48:37rentals because our area was fairly
1:48:39saturated.
1:48:42They keep minimizing the number of
1:48:45properties. I have sat down 500 ft but
1:48:50there's two sides to the street. So,
1:48:52it's a,000 ft. And the street goes
1:48:55across Harford Road on both directions.
1:48:58So, it's 2,000 ft per street. I have
1:49:02measured it out. It's over seven miles
1:49:06of properties. If you lined them up,
1:49:10seven miles of impacted residential
1:49:14properties that will be victimized by
1:49:19wealthy developers.
1:49:22These developers of course will be very
1:49:24ingratiated to everybody who is
1:49:27supporting this bill.
1:49:30And
1:49:32we used to call we well we still do
1:49:34Laraveville country in the city because
1:49:37we enjoy
1:49:39the
1:49:41relaxed environment. We don't want all
1:49:45this density. You need density downtown
1:49:50in Little Italy and other neighborhoods
1:49:53where they have huge apartment buildings
1:49:56that can't fill the vacancies and
1:49:58they're going up on the auction block.
1:50:01That's where you need your density. We
1:50:04don't want the density and we don't
1:50:06understand why Councilman Dorsy
1:50:10continues to think that that's what we
1:50:12need.
1:50:14>> We don't.
1:50:15>> Thank you.
1:50:18Uh, Mr. and Mrs. Mills. Oh, Miss Mills.
1:50:21Hi.
1:50:26>> Hi. I'm Marietta Mills. I live in
1:50:29Larville and I have been there forever.
1:50:32Okay. Many people will tell me they've
1:50:35lived there for 35 or 40 years and I
1:50:38call them newcomers. So, you just need
1:50:40to know. I will tell you that we have a
1:50:44very stable community of people who have
1:50:49chosen to live there the way they do
1:50:52because they enjoy the area. They pay
1:50:56the taxes. They support their neighbors.
1:50:59They take care of their property. And
1:51:02they're not interested in having
1:51:04somebody come in tear up some of the old
1:51:08houses to turn them into multiple
1:51:10apartments. simply to feed rental agents
1:51:14who frequently wouldn't be living there.
1:51:17And we have that in other areas of the
1:51:20city. We're very concerned about it. But
1:51:23I will also say that within this bill,
1:51:27there's no allowance for people to be
1:51:30notified if there is going to be a
1:51:32change, if somebody's going to be
1:51:34building something, if they're going to
1:51:36be changing something. There's no
1:51:38notification of anyone in the
1:51:40neighborhood. There's no appeal process.
1:51:43So, if you sit in a wonderful light home
1:51:48that you love and suddenly somebody
1:51:50comes along and they say, "Well, we
1:51:52bought it. We're going to tear it down.
1:51:54We're going to build
1:51:57apartments."
1:51:58And you say, "Well, wait a minute. I
1:52:02didn't hear anything about that." No,
1:52:03you didn't and you won't. And there's
1:52:05nothing you can do about it.
1:52:07So, I would encourage you to think about
1:52:09how you would feel if this was in your
1:52:12neighborhood and next to you or down the
1:52:16street from you, how you would like it
1:52:18because I don't think you'd be happy to
1:52:20sit there and just say, "Oh, it's all
1:52:21fine. Whatever you want to do is fine
1:52:24because it's not." Thanks so much.
1:52:27>> Thank you, Mills. Um, I should have
1:52:29called some other folks just so they
1:52:31could tee up, but we have Miles, Jeff,
1:52:34and then John Murphy, then Lynn Miles.
1:52:43>> Hi, Jeff Miles. I have
1:52:45>> Okay, mic.
1:52:46>> Is it on?
1:52:47>> Yep.
1:52:48>> I've owned a home in Hamilton now for
1:52:50it'll be 40 years next year.
1:52:53And when I had a real estate agent show
1:52:55me the home 40 years ago, it was touted
1:52:59as one of the great neighborhoods. I'm
1:53:01going to go back on your own words. Your
1:53:03own words were, "We are not a
1:53:05Baltimoreish or Baltimore neighborhood
1:53:08because we don't meet the form. The form
1:53:10is like 40% rentals." Okay? We're 90%
1:53:14homeowners.
1:53:16How many people in America want to live
1:53:19in a community that's over 90%
1:53:22homeowners?
1:53:23Do you have any idea the value you have
1:53:26there with what we've invested in the
1:53:28neighborhood and now you want to tear it
1:53:30down for apartments?
1:53:33The reason everybody wants to live in
1:53:35Hamilton is because you don't have
1:53:36apartments. The reason everybody wants
1:53:38to buy in Hamilton is because it is
1:53:41beautiful side streets. It's beautiful
1:53:43homes. Neighbors have swimming pools,
1:53:45kids. I was just helping a neighbor
1:53:47learn how to ride a bike a few weeks
1:53:48ago. Okay, there's children playing in
1:53:50the streets. This is a great
1:53:52neighborhood. It is not your apartment
1:53:54complexes. Okay, I don't know why
1:53:59you all even voted on this the first
1:54:01time. I don't know what you're thinking.
1:54:05You look at the demographics and say 90%
1:54:07home ownership. You should be screaming,
1:54:10"How do I get that? How do I achieve
1:54:12that in my community? And instead,
1:54:15you're saying, "I'm going to back you,
1:54:16Ryan, and we're going to turn it into
1:54:18apartments."
1:54:21Please, what are you thinking?
1:54:26You're taking one of the established
1:54:27neighborhoods that has individual homes,
1:54:3190% home ownership. You know, those
1:54:34individuals are investing in the
1:54:36community and you want to change it
1:54:39because the businesses on Harford Road
1:54:41aren't doing good. I didn't buy a house
1:54:43on Harford Road. I didn't buy a house to
1:54:47make Harford Road a better business
1:54:49district. I bought my house because the
1:54:52way it was marketed to [music] me.
1:54:54>> Thank you, Mr.
1:54:55>> Which it totally filled.
1:54:56>> Thank you, Mr. Miles.
1:54:59>> For the love of God, think of what
1:55:00you're doing. John Murphy and then Lynn
1:55:02Miles and then Jasmine Alustin.
1:55:18>> Thank you.
1:55:28>> Thank you, Mr. Chairman, members of the
1:55:30committee,
1:55:34I'd like to make one point.
1:55:37I'd like everybody to understand this.
1:55:39If you don't have any don't understand
1:55:41it, ask me a question.
1:55:44This is an overlay zone.
1:55:48The chairman was quite clear on the
1:55:51purpose of it. It's to
1:55:55increase the density of the areas along
1:55:59Harford Road to change the density.
1:56:03There's no doubt about that. He's quite
1:56:05clear on that. That's the purpose.
1:56:09The problem with that is it's a legal
1:56:11matter.
1:56:14The overlay zone
1:56:17in the code says that it maintains
1:56:22the
1:56:25general character and purpose of the
1:56:29underlying zoning district.
1:56:32There's no question in the world that
1:56:36the purpose of the underlying zoning
1:56:39district for the most part here is
1:56:43detached single family zoning.
1:56:51The purpose here is to change that.
1:56:54That means that it's contrary to the
1:56:57code which says that an overlay zone
1:57:02maintains the character and purpose of
1:57:06the underlying zoning district.
1:57:11We have to follow the code. The first
1:57:15bill put in
1:57:18did not follow the code. We had to go to
1:57:21court to invalidate it.
1:57:24This bill does not follow the code. The
1:57:29code says maintain the general character
1:57:33and purpose.
1:57:36You can you can dislike the single
1:57:39family zone. You can attack it and say
1:57:43it's not proper. There's no question but
1:57:46that its purpose is to maintain the
1:57:50single family.
1:57:52This is contrary then to the code.
1:57:56>> Thank you, Mr. Murphy.
1:57:57>> It has the same deficiency that the
1:57:59first bill had.
1:58:00>> Thank you, Mr. Murphy.
1:58:01>> Thank you very much.
1:58:12>> Um,
1:58:14who have we got? Lynn Miles, then
1:58:16Jasmine Alustin.
1:58:31Um, can everybody hear me with the mask
1:58:33on?
1:58:33>> Yes.
1:58:34>> Am I clear? Okay. Um, thank you for
1:58:36having me. Um,
1:58:40and hello, chair, councilman. In a
1:58:44community with over 80% homeowner
1:58:46owners, it has been touted and promoted
1:58:49as a sought-after community by many real
1:58:52estate agencies, including Zeil. That
1:58:55could be drastically changed if this
1:58:57bill is passed. There should not be a
1:58:59car blanch zoning for such an extensive
1:59:02area. Each building should be zoned
1:59:06individually for its particular use. A
1:59:08building doesn't determine who moves
1:59:10into it. What determines occupancy of
1:59:13the space it and how it's zoned? It goes
1:59:16to the realtor and owner. So once you
1:59:18guys say okay, then it falls to the
1:59:21owner and the realtor as to who actually
1:59:24moves in there. So unless there's an
1:59:27existing allegiance with an entity, it
1:59:30would then be out of your control who
1:59:32would build on the overlay and it would
1:59:35be the the result of the community that
1:59:38would literally have to deal with these
1:59:39changes. When you try to force a lot of
1:59:42people in an area, it weakens the
1:59:45structure. And I can tell you that every
1:59:47few weeks Baltimore City is tearing up
1:59:49the streets to address plumbing. During
1:59:51storms, we have power outages. Water and
1:59:54electric are vital to every
1:59:56neighborhood. Exponentially increasing
1:59:58that use could ne negatively impact
2:00:01current as well as future residents. And
2:00:03this needs to be noted as well as
2:00:05addressed, especially considering the
2:00:07amount of people that oppose this bill
2:00:10in our community. According to
2:00:12triplei.com, permut
2:00:14property damages
2:00:17um are from rental
2:00:20are accounted 97.8%
2:00:22um homeowners insurance claims are due
2:00:25to renters. So, not only could parking
2:00:28or crime be a problem, but homeowners
2:00:30insurance could also increase in the
2:00:32communities that are affected.
2:00:35If it's a matter of building up the
2:00:36corridor, perhaps grants, small
2:00:39businesses um to [music] rent Harford
2:00:42Road and maybe tax and reliefs um could
2:00:46go to the owners. Density is not the
2:00:49issue. Places like Hampton, for example,
2:00:51have patrons that come all over. They're
2:00:54not just people from the Hampton
2:00:56neighborhoods. What happens is
2:01:00um they they need we need parking and we
2:01:03need sidewalks. We have a beautiful
2:01:05community with a suburban feel.
2:01:07Transform Baltimore on Baltimore.com.
2:01:11I need to move on to the next person.
2:01:12Modern code that fosters growthvel.
2:01:18>> Thank you, Miss Miles. This bill will
2:01:21not maintain the character of this
2:01:23Baltimore neighborhood. Only
2:01:26[music]
2:01:35>> next up is Jasmine Al.
2:01:40>> Okay, if Miss Alustin doesn't want to
2:01:42come up, I will go on to the next
2:01:44person.
2:01:47Her
2:01:47>> microphone is already on.
2:01:50your mic.
2:01:52>> Thank you, Miss Miss Alustin,
2:01:59>> Miss Alustin.
2:02:01>> Uh, hit the button on the right side of
2:02:03the microphone there.
2:02:05>> There you go.
2:02:06>> Hello. My name is Jasmine Alustin. Uh,
2:02:08and I'm a resident within the overlay
2:02:10zone and I would like to say
2:02:11emphatically that I am against this bill
2:02:14and I hope that you will not support it.
2:02:16I'm against this bill because there's an
2:02:18absence of a community impact study and
2:02:21I think that that is very important. We
2:02:24need to understand how this spike in
2:02:27density will impact several areas within
2:02:31our community. And when I say that, I
2:02:32mean there are current issues with
2:02:35water, sewer, electrical problems. We
2:02:37have road maintenance issues. There is
2:02:39trash. We have documented hazards at our
2:02:42intersections. There are significant
2:02:44parking issues. I mean, my fridge dies
2:02:47every single time it rains hard. That's
2:02:49a problem. When my car died, it took me
2:02:52from 15 minutes to get to my job by car
2:02:54to an hour and a half to two hours
2:02:57taking the bus. That's ridiculous. And
2:02:59so, what does it look like when you
2:03:01massively increase the number of people
2:03:03living within the community using all of
2:03:05those same services? We talk about the
2:03:07importance of child care, but what about
2:03:08the importance of child safety and
2:03:10community safety? What data shows how
2:03:13our local schools, the emergency
2:03:14services, the police force will
2:03:17accommodate this projected spike in
2:03:20density in our community?
2:03:23What independent studies have been done
2:03:25to look at traffic and to look at
2:03:26transportation?
2:03:30I would also like to highlight that
2:03:31there's been a lack of meaningful
2:03:33community input where this is concerned.
2:03:35the timeline of what has been really
2:03:38non-existent in community engagement. It
2:03:40just really highlights that our voices
2:03:43are not being heard and that they're
2:03:45really an afterthought in this process
2:03:46and that is deeply unfortunate. Um
2:03:50there are several neighbors that I have
2:03:52who are still unaware. We go door to
2:03:54door. We're trying to make sure that
2:03:55folks who are in and outside of the
2:03:57district know what's happening. That is
2:03:59not our job, but as community members,
2:04:02we're concerned and we want to make sure
2:04:03that people are aware of what's
2:04:05happening.
2:04:08I'm sorry, is my time up. [music]
2:04:10>> Thank you, Miss Austin.
2:04:13>> I would like to just point out one more
2:04:15thing that
2:04:18we love our communities. We are not
2:04:20against renters. We want diversity and
2:04:23housing across the city. We realize that
2:04:25there are things that make each of the
2:04:27neighborhoods that have been mentioned
2:04:28today unique and we have what is it less
2:04:31than 1%
2:04:32um vacancy that means we're doing
2:04:34something right.
2:04:36So we want to work with this body. We
2:04:39want to work with Councilman [music]
2:04:40Dorsy and improve the overlay district
2:04:43but we feel like we should also be at
2:04:45the table and talking about what that
2:04:46looks like. Please push for a study.
2:04:48Please do not support this bill. Please
2:04:50include community impact when this
2:04:52decision is made.
2:04:53>> Thank you. Thank you.
2:04:54>> Uh Wayne Carson
2:04:56and then Charles Ross.
2:04:59Wayne Carson. Then Charles Ross.
2:05:09My name is Wayne Carson and I'm a
2:05:11lifelong resident of Baltimore City. I'm
2:05:14here today to ask you to vote no on
2:05:16council bill 250093,
2:05:20the Harford Road overlay. I'm in the
2:05:22proposed overlay zone and have been and
2:05:25have been for the past 45 years. I feel
2:05:28that a change in zoning from R3 single
2:05:31family detached housing to R10, which is
2:05:34the highest density zoning permitted
2:05:36under the zoning code would be a
2:05:38betrayal to those of us that live
2:05:41adjacent to Harford Road.
2:05:44If this bill were to pass, my
2:05:46neighborhood, my neighbors could sell
2:05:48their home to a developer who could put
2:05:50up a four-story building which could
2:05:53cover 60% of their property with the
2:05:55amendment
2:05:57which could be built all well, all this
2:06:00was written out before the amendments
2:06:02were said, so I'll skip that part. Um,
2:06:05given the size of the property, which is
2:06:079,750
2:06:09square ft, they could cover 5800 square
2:06:12ft, our zoning requires a minimum of 200
2:06:16square ft per dwelling unit.
2:06:19That means that there could be more than
2:06:2020 units at ground level. Take that to
2:06:23four stories, you're talking about more
2:06:25than 80 units.
2:06:28This is not to say that this would
2:06:29happen, only that if this bill were to
2:06:32pass, it could happen.
2:06:35by right without any hearing or appeal
2:06:37to the process. This would have a
2:06:40detrimental effect on property values of
2:06:43all nearby properties.
2:06:46I find the reasons that Councilman
2:06:48Dorsey chose to not include his
2:06:50neighborhood
2:06:52ring hollow and disingenuous.
2:06:56If the purpose is to create density,
2:06:59then density on all of Harford Road
2:07:01would benefit the commercial corridor,
2:07:03regardless of whether it's right next to
2:07:05the commercial corridor. I'm asking you
2:07:07to forgo council manic courtesy on this
2:07:10issue and not approve this bill. Thank
2:07:13you.
2:07:13>> Thank you, Charles Ross.
2:07:17And then John Echenro.
2:07:20>> Good morning, everyone. My name is
2:07:21Charles Ross. I am a proud Baltimoreian,
2:07:25longtime resident of Laraveville. I'm
2:07:28here to oppose this bill, make three
2:07:30points. I'd like to thank all of my
2:07:32neighbors who came out today in support
2:07:34of this. I mean to oppose this. Number
2:07:37one, continuous opposition from the
2:07:40community about this. The community is
2:07:44continuing to come out to say we are
2:07:46opposed to this. So, I'd like that to be
2:07:48noted. The second, we are unique. My
2:07:52neighbors have already spoken about
2:07:54that. What makes Baltimore so special in
2:07:59part is our communities. Your
2:08:01neighborhoods, your neighborhoods, your
2:08:03neighborhoods, they're all unique.
2:08:05That's why the charm of Charm City comes
2:08:08from. Our community along Harford Road
2:08:12is unique for its own reasons. And as my
2:08:15neighbors have spoken, that's why we
2:08:17have all chosen to move there. And
2:08:20finally,
2:08:21anyone who's driven up along the Harford
2:08:23Road corridor recently has experienced
2:08:26the congestion that already exists.
2:08:30If this overlay is successful, that will
2:08:32that problem will only worsen. So with
2:08:35that, I would just ask that you would
2:08:37all oppose this measure. Thank you.
2:08:40>> Thank you, John Echenro.
2:08:47>> [clears throat]
2:08:48>> and then John Rhodess.
2:08:54Good morning. Uh my name is John Ekenro.
2:08:57I'm here today as a private citizen
2:08:59expressing my own personal views and not
2:09:03representing any organization.
2:09:05>> John, maybe pull the mic down a little
2:09:07bit. There you go.
2:09:09>> Okay. Yeah. Again, my name is John
2:09:11Ekenro. here is I'm here as Whoops.
2:09:20Like I say, I'm I'm here speaking my own
2:09:22personal views. I'm not representing any
2:09:24organization. For the most part, I can
2:09:26only echo the arguments of previous
2:09:28speakers who have testified in
2:09:29opposition to uh bill 250093
2:09:33today.
2:09:34I can say that while I have lived I live
2:09:37a few blocks outside of the proposed
2:09:39overlay zone, I know many people who
2:09:41live just off Harford Road who have uh
2:09:45who are very concerned about how this
2:09:47proposed zoning would affect their
2:09:48quality of life in terms of increased
2:09:51congestion, busy streets, parking
2:09:53problems, and infrastructure issues.
2:09:56When my wife and I when my wife and I
2:09:59first moved to this neighborhood 5 years
2:10:01ago, we were attracted to the quiet
2:10:03streets, single family houses, large
2:10:05yards, and easy parking. When we were
2:10:08when we were shopping for a house, the
2:10:10real estate agent kept trying to steer
2:10:12us to Baltimore County. I insisted that
2:10:15we um I knew there were houses in
2:10:18Baltimore City, in neighborhoods in
2:10:21Baltimore City that had just the
2:10:23qualities that we were looking for. I
2:10:25fear that the passage of this bill would
2:10:27jeopardize the very qualities that
2:10:28attracted us and our neighbors to this
2:10:31area. For these reasons, I encourage the
2:10:34council to vote no on council bill
2:10:37250093.
2:10:39Thank you.
2:10:40>> Thank you,
2:10:42John Rhodess.
2:10:44And then
2:10:46David Richardson will be next.
2:10:50>> Thank you. Um my name is John Roots. I'm
2:10:54a resident of Hamilton Hills for 23
2:10:57years. Both my wife and myself have
2:11:00served on our Hamilton the neighborhood
2:11:02association. We served on Nolgi. We
2:11:05multiple boards. We volunteer. We're
2:11:07deeply invested in the neighborhood. I'm
2:11:09here in opposition to this bill.
2:11:17What I would say is, you know, we're not
2:11:20urban planners, but we live here on in
2:11:23the neighborhood. We walk on Harford
2:11:25Road. We drive on Hartford Road. We shop
2:11:28on Harford Road. We see the practical
2:11:31effects of the development of on Harford
2:11:35Road. We we we see the traffic patterns.
2:11:38We're concerned.
2:11:40Um I'm sorry. I'm very nervous. So, I'm
2:11:42just going to jump read right in so I
2:11:43can get this straight. Um,
2:11:50so what we're seeing is what we're
2:11:52concerned I'm echoing the concerns of
2:11:53everyone else here is that we're
2:11:55concerned with the density. The
2:11:57infrastructure is not going to be able
2:11:59to support it. We ask that no further
2:12:02action be taken on this bill until
2:12:05there's a independent audit of the the
2:12:08infrastructure
2:12:10and the community is brought in to the
2:12:13conversation.
2:12:15Thank you.
2:12:17>> Thank you, David Richardson.
2:12:23>> And then Richard Oaks.
2:12:26>> My name is David Richardson. I'm a
2:12:28resident of uh Lurville. I've been for
2:12:32about 21 years and I've seen a lot of
2:12:34changes in the neighborhood over the
2:12:36years and a lot of improvements. And I
2:12:39think uh at some point there were things
2:12:41that were involved in the disappearance
2:12:45of businesses that didn't have anything
2:12:47to do with density. They had to do with
2:12:50the choice of business ideas and
2:12:53business practices of the business
2:12:56owners and the economy at the particular
2:13:00time when certain types of businesses
2:13:04were no longer viable. So we see some
2:13:07storefronts go empty because um film
2:13:10photography is not so popular anymore.
2:13:14other other businesses change because we
2:13:19have uh big box stores. So, we don't
2:13:22need a hardware store on Harford Road.
2:13:26So, I'm opposed to this bill because
2:13:28it's very speculative that just bringing
2:13:31a large number of people into a
2:13:33neighborhood um with no overall
2:13:38planning. I have a background in urban
2:13:40planning and there's a lot more involved
2:13:43in planning for development than just
2:13:45having apartment buildings, crowded
2:13:48areas um and trying to promote a
2:13:52neighborhood
2:13:54in the opposite dimension of what it was
2:13:56originally. Like if you start saying we
2:13:59want people to move to Harford Road,
2:14:01we're going to build highrises. We want
2:14:03people to move to Laurelville. will
2:14:05build a neighborhood that is totally
2:14:07different from what you see in front of
2:14:08your eyes when you get there. When I
2:14:10moved there, it was a beautiful
2:14:12neighborhood. It had very interesting
2:14:14stores, record shops, it had photography
2:14:18stores. It had all sorts of things that
2:14:20are not really viable today. So, what
2:14:23businesses are viable today's economy?
2:14:27something to think about, not just like
2:14:30packing people [music] into an area like
2:14:33sardines and hoping that somehow these
2:14:35people find it
2:14:37>> Thank you, sir.
2:14:37>> enjoyable
2:14:39and they blend with the neighborhood and
2:14:42bring more prosperity. That's not
2:14:44necessarily going to happen.
2:14:46>> Thank you, sir. Richard Oaks.
2:14:55Did Richard leave?
2:15:00Okay. Jacqueline Rabage.
2:15:12>> Hi, good morning chair, vice chair, and
2:15:15members of the committee. My name is
2:15:17Jacqueline Roarge and I am a resident of
2:15:20Laurville. I moved there from Remington
2:15:23which um it was a row home in Remington
2:15:25and I was a firsttime home buyer when I
2:15:28almost turned 40 and now almost 60. I've
2:15:32lived in Rem or in Laurville for quite
2:15:34some time. I moved to Laurville because
2:15:37it's racially diverse, is gay friendly,
2:15:40and it's got some trees. Where I live in
2:15:43Laurville, it's my first yard. my very
2:15:46first yard when I was like, I don't
2:15:48know, 50 or something. And I love my
2:15:52neighbors. When I broke my wrist not too
2:15:54long ago,
2:15:56people saw me walking around with a cast
2:15:58and came to help. But, you know, I come
2:16:02to this issue from a lens as someone
2:16:06who's worked in Baltimore my entire 26
2:16:10years of being here, working with people
2:16:13who cannot find rental housing, who are
2:16:17coming home from incarceration, who are
2:16:19le leaving domestic violence situations.
2:16:23And so I know what it's like to try and
2:16:26convince a lawy landlord to take a
2:16:28voucher.
2:16:30This bill does nothing to serve my
2:16:33clients. And actually,
2:16:36we aren't looking at the whole picture.
2:16:39There is no plan. Try and put any of
2:16:42these calculations that we're hearing in
2:16:46oral fashion to a test. Let's see the
2:16:50plan. Let's see the best practices and
2:16:53the empirical research that's in the
2:16:55master plan. That's models that been
2:16:59have been endorsed by the city. Now,
2:17:03when you look I just want to uh 12
2:17:06seconds. Um let me just give you a
2:17:08couple data points. um of across the all
2:17:13the the nine neighborhoods, 61%
2:17:17are are um primarily uh
2:17:22black indigenous people of color. And I
2:17:25need to take a couple more seconds
2:17:27because I have a language delay. So, um,
2:17:32when you look at these neighborhoods are
2:17:35not,
2:17:36um, all one thing. And so, we're
2:17:39applying a strategy to, so if you look
2:17:41at Ham Hamilton Hills, it's 72% people
2:17:46of color, but the homeowners
2:17:49are only 45%. When you look at Arcadia,
2:17:53it's 40%.
2:17:55But the homeowners are 83% the owner
2:17:58occupied. So why am I giving
2:18:02the these numbers? Why do I have the
2:18:05numbers about the the equity analysis?
2:18:09Because why are we not following the
2:18:12master plan that says we need to help
2:18:16people build wealth and retain wealth?
2:18:18The only people that will benefit from
2:18:20this bill are developers.
2:18:22>> Thank you.
2:18:26Um,
2:18:29sorry, I should have called Sue Kessle
2:18:32sooner.
2:18:34Um, I'll call somebody else while Sue is
2:18:36coming down. Uh, I do have one other
2:18:38person here.
2:18:40Shed
2:18:44>> Seltzer
2:18:46for the Harford Road overlay bill.
2:19:06Um, and so after uh Miss Seltzer and
2:19:10then Sue Castle, I only have one other
2:19:12person, Chris Warman, here to testify in
2:19:15person.
2:19:17Miss Seltzer, you have two minutes.
2:19:19>> Yeah. Um, I live in Liberty Square. Uh,
2:19:24in my neighborhood is between 74 and 80%
2:19:28renters. Um, my house is a detached
2:19:31single family house, the only single
2:19:33family house on the block.
2:19:37Um,
2:19:39I want to tell you about this
2:19:41neighborhood because it was
2:19:43intentionally built um at a time when um
2:19:46Jews came and they provided for
2:19:50everybody. So, they had detached single
2:19:53family houses and apartments and town
2:19:56houses.
2:19:58Um several years ago, someone decided to
2:20:02destroy a bunch of these houses um
2:20:06between Racerstown Road and on Liberty
2:20:08Heights and build a humongous
2:20:13um neighbor um complex and it's
2:20:18triangular and it is uh cuts um and
2:20:22destroys chi and it is bad energy and
2:20:27Um, I bought my house six plus years ago
2:20:30and two people have died in front of my
2:20:32house. So, I want to explain to you that
2:20:37imaginary people, unless you have a list
2:20:39of people who are going to move into
2:20:42these proposed places, you are talking
2:20:45about imaginary people. And that's
2:20:47insane. Absolutely insane. when you have
2:20:50people who live there that you should be
2:20:53caring about right now because it's
2:20:56supposed to be taking care of the whole
2:20:59um Baltimore city which is sinking.
2:21:03There's sink holes. The houses are
2:21:05sinking. The the energy the the land is
2:21:10not just sinking it's collapsing. Penis
2:21:12came up with a report two years ago. you
2:21:15still don't read. And I'm talking about
2:21:17journal articles, science,
2:21:21trees, can't can't
2:21:25keep still because they don't have
2:21:27enough water because we have to go back
2:21:29to a permeable infrastructure.
2:21:32And you're not taking care of Baltimore
2:21:34city so people can live here, the ones
2:21:37that already live here. Now,
2:21:40>> thank you, Miss Selter.
2:21:42Sue Castle.
2:22:01>> Hi.
2:22:02>> Hello. Nice to see you all.
2:22:04>> Do I uh
2:22:05>> You're good. You just have two minutes.
2:22:08>> Yeah, there you go. Um, I just wanted to
2:22:10say that I am a fan of Ryan's to a large
2:22:13degree and there are a lot of things of
2:22:15his that I support, including our bike
2:22:17lanes that have made Harford Road much
2:22:20more manageable in terms of on foot. But
2:22:23um I do want to bring up just a little
2:22:25bit of the history of this only because
2:22:27I am in opposition and uh we to I was
2:22:31one of the the people who did testify at
2:22:33the land use hearing first time round
2:22:36and the committee did not end up um
2:22:41approving it. [clears throat] It was
2:22:42actually taken out of committee and I
2:22:44think some of you on the committee now
2:22:47were were present. So I just want to
2:22:49address that as history. Um, I also
2:22:52wanted to ask if anybody has seen the
2:22:54map that was created uh that shows every
2:22:58single property that is involved because
2:23:00a lot of them are many many many more
2:23:02than five per block. And that's an
2:23:05online map that it was created by one of
2:23:07our residents. Um, and I'm I'm basically
2:23:12going to just not repeat a lot, but I I
2:23:16I would like to say that we really
2:23:18haven't had any examples of a city like
2:23:21ours where this um pl this type of
2:23:25density increasing has been done. I live
2:23:28in Walther adjacent to Laurville which
2:23:31is a really really successful I don't
2:23:34know if you call it a hub or a pod but
2:23:36it's the same length distance-wise as
2:23:39Hampton and Fels Point and the Charles
2:23:41Village corridors even though we're
2:23:44quite different but like everything else
2:23:46it's a niche thing. So, since I have 21
2:23:48seconds, I think that's pretty much the
2:23:51only thing I want to say other than both
2:23:54Soha and the MCB property is within the
2:23:57Lauravville area. So, they are
2:24:00definitely part of our half a mile
2:24:03strip. Um, and the other thing is that
2:24:05there are four things, two current
2:24:08buildouts to the street also in the
2:24:11Laurville area. I could go on, I'll try
2:24:14not to. So, thank you.
2:24:18Thank you, Chris Warman.
2:24:31>> I don't know where the button is, but
2:24:32you can even lift the whole thing up,
2:24:34but I don't know. It's somewhere
2:24:35underneath.
2:24:36>> I think I'm good. Okay. Uh yeah. Uh
2:24:38thank you, uh committee. Thank you, uh
2:24:40council chair or committee chairperson.
2:24:42Uh, I'm a resident of the third district
2:24:45in one of the neighborhoods included in
2:24:47the proposed overlay footprint. I've
2:24:49lived in Baltimore for 15 years and come
2:24:52Halloween, eight of them will have been
2:24:53at my home in Hamilton Hills. I am
2:24:56testifying today in support of the
2:24:57Harford Road Overlay District. In the
2:25:00process of discussing this legislation,
2:25:02I've learned that a few of my most vocal
2:25:04neighbors wish to live in some sort of
2:25:07suburban quietude despite the abundance
2:25:09of options for that lifestyle in every
2:25:11other county in the state. I choose to
2:25:14live in Baltimore and I choose to live
2:25:16in Hamilton Hills because I want to live
2:25:18in a city. I want to live in community
2:25:21with many and diverse neighbors. I want
2:25:23to partake in a wide selection of
2:25:25vibrant small businesses and community
2:25:27amenities. I want to enjoy strong and
2:25:30comprehensive public services from trash
2:25:32pickup to bus service to public schools.
2:25:35I support the overlay district because
2:25:37it advances all of the things that most
2:25:39of my neighbors love about city life. It
2:25:41directly facilitates new avenues for new
2:25:44neighbors to join our community. With
2:25:46proximity being so integral to small
2:25:48business success in a world of online
2:25:50shopping and delivery apps, these new
2:25:52neighbors and their local buying power
2:25:55will attract and strengthen businesses
2:25:57in our commercial corridor. An
2:25:59additional res residential density is
2:26:01what drives additional investment from
2:26:03the city and state in public goods. More
2:26:07neighbors, more small business, more
2:26:09public services. It sounds pretty good
2:26:11to me and to many of our neighbors. And
2:26:14lastly, while hearing from current
2:26:16residents is important, I would urge the
2:26:18committee to also consider the interest
2:26:20of stakeholders that cannot advocate for
2:26:22themselves today. Future residents whose
2:26:24housing is made possible as a result of
2:26:27this legislation. The neighborhoods
2:26:29within the Overlay district are
2:26:30desirable places to live, ones where
2:26:33opportunities to move in are scarce
2:26:34compared to demand, and as a result,
2:26:36increasingly expensive. Zoning is a key
2:26:39issue preventing creative housing
2:26:41solutions and boxing out these potential
2:26:43residents and is one of the few issues
2:26:45that is fully under the control of the
2:26:47city to change. On behalf of these
2:26:49future residents and all of my present
2:26:51neighbors that want their city
2:26:52neighborhood to support a vibrant city
2:26:54lifestyle, please to vote to advance
2:26:56this legislation. [music] Thank you.
2:26:58>> Thank you. We have several people to
2:27:01testify uh online.
2:27:06Cynthia North.
2:27:18>> You should be able to unmute.
2:27:22>> All right, I'm here.
2:27:25>> Hello. Um, I'd like to say that I am in
2:27:28opposition to this bill um for several
2:27:31reasons. Number one, it's poorly
2:27:33planned. Number two, it's based on a
2:27:36study 20 years old before COVID's
2:27:39impact. It will adversely affect current
2:27:42physical infrastructure, water, sewer,
2:27:44trash. It will adversely affect police
2:27:47and fire. There is no appeal process. It
2:27:51would directly impact green spaces. It
2:27:54would present safety issues for area
2:27:57children walking to school or playing in
2:27:59the immediate neighborhood. It would
2:28:01adversely impact residential property
2:28:03values. It would adversely affect
2:28:06neighborhood by increased traffic and
2:28:08parking on residential streets. I did
2:28:10not move to Hamilton 40 years ago,
2:28:13paying my taxes, keeping my property
2:28:15clean and neat, being active in my
2:28:17community to live in a corridor. Please
2:28:20do not allow this bill to pass. Thank
2:28:23you.
2:28:23>> Thank you,
2:28:28Katie. Katie Meccl.
2:28:40>> Katie Michel, you should be able to
2:28:42unmute yourself now. There you go.
2:28:44>> Okay.
2:28:45>> Can you hear me?
2:28:46>> Yes.
2:28:48>> Okay. Um, thank you very much for this
2:28:51opportunity. Um, I do absolutely oppose
2:28:54the Harford Road overlay. I am within
2:28:57the impacted area.
2:28:59I I don't see where there is any
2:29:01justification that warrants this impact
2:29:03on our residents. Uh multif family
2:29:05structures do not guarantee those
2:29:07residents will ride the bus. So have
2:29:10enough studies been done to show the
2:29:12parking situation on residential roads
2:29:14if the project moves forward. Also, uh,
2:29:18as others have mentioned, you emergency
2:29:20services, police personnel, how much is
2:29:22budgeted to enforce the safety and the
2:29:25laws of the current as well as these
2:29:27additional residents that you're hoping
2:29:29to bring in? And we we are still dealing
2:29:33with the bike lane project. It has taken
2:29:37business away from some Harford Road
2:29:39businesses that I I know of, and
2:29:44business is truly down from before. So
2:29:46that has taken away from what you're
2:29:49trying to propose here. I I do ask that
2:29:52you all kindly take this into
2:29:53consideration before you vote on this
2:29:55project. Our livelihoods are in your
2:29:56hands. My neighbors and I wish to remain
2:29:58in our homes without zoning change. One
2:30:02other note is how many council members
2:30:06sitting there actually support the
2:30:09current businesses on Harvard Road to
2:30:11actually help increase
2:30:13their
2:30:15uh [clears throat] customer base.
2:30:18Thank you very much.
2:30:19>> Thank you
2:30:24Chelsea Calibres.
2:30:29You should be able to unmute yourself.
2:30:42>> Chelsea, are you with us?
2:30:45>> Can you hear me now?
2:30:46>> Yes.
2:30:48>> Thank you. Uh, I live in the proposed
2:30:51overlay and I'm here to ask you to not
2:30:53advance this bill. To put this in
2:30:55perspective, the 500 foot overlay is
2:30:58almost my whole block. It is almost half
2:31:00of my street. That is not a modest
2:31:03overlay. That is a wholesale override of
2:31:05the zoning protections that we bought
2:31:07our homes under. One of the biggest
2:31:09financial decisions of our lives.
2:31:12Eliminating the yard requirement doesn't
2:31:13just change a setback line on a survey.
2:31:16It removes space where green
2:31:17infrastructure exists. When you multiply
2:31:20that by every street in the overlay, we
2:31:21are talking about the potential of
2:31:23significant permanent loss of tree
2:31:25canopy and green space in a city that is
2:31:28already short on both. I want to be
2:31:30clear about what I'm not saying. I'm not
2:31:33against renters. I'm not against growth.
2:31:35I support development along Harford
2:31:37Road. What I am against is a bill that
2:31:39hands enormous one-sided power to
2:31:41developers over the people who already
2:31:43live here with almost no corresponding
2:31:45protection for us. Let is let's not
2:31:48forget how John's Hopkins accumulated
2:31:50land in East Baltimore in ways that left
2:31:52blight and disinvestment behind for
2:31:54decades. I'm not saying this bill is
2:31:57identical to that. I am saying that when
2:32:00this city has handed disproportionate
2:32:02power to wellresourced developers over
2:32:05individual homeowners, history shows
2:32:08that working people lose. We lose our
2:32:10homes, we lose our communities, and we
2:32:13lose our opportunity to pass on
2:32:14generational wealth.
2:32:17Please choose people over profit and
2:32:19reject this bill. There's a better way
2:32:21to support de development along Harper
2:32:23Road. Thank you. Thank you,
2:32:27Kathleen Qatarba,
2:32:39Kathleen Guitar.
2:32:56Kathleen, you should be able to unmute
2:32:57yourself.
2:33:08Okay, we will move on. Colleen
2:33:11Macintosh,
2:33:16you should be able to unmute yourself.
2:33:33Colleen Macintosh.
2:33:39Okay, we will look I'll try
2:33:42Kathleenqatara one more time.
2:33:44Kathleenqatara, are you there?
2:33:58Okay. And then I'll try uh
2:34:03Colleen Macintosh one more time.
2:34:06Can you hear me?
2:34:08>> Yes.
2:34:10>> Hi. [clears throat] Hi. Um, uh, my tiny
2:34:14hundred-year-old home, it is in the 500
2:34:17ft overlay. We've lived here 30 years.
2:34:20We moved from downtown to be in a quiet,
2:34:22close-knit community.
2:34:25My husband and I are not opposed to
2:34:26building a Harford Road, but we are
2:34:29opposed to the 500 foot overlay.
2:34:32Um my points of contention are the um no
2:34:37parking included in this bill, which
2:34:39would be a massive is issue on our
2:34:41little one-way street uh which our local
2:34:45businesses actually use as well. Um
2:34:48infrastructure, our 100-year-old pipes
2:34:51will be overwhelmed. We already have
2:34:53issues with our sewer, water, and
2:34:55electricity on our street. So this is
2:34:57unacceptable. Our fees will only
2:35:00increase as a result.
2:35:02Taxes. We're already paying exorbitant
2:35:05property taxes. Will this raise them
2:35:08even more? Probably. Property values.
2:35:12This will absolutely affect our property
2:35:14values and not in a good way. Biggest
2:35:17concern is developers. There is
2:35:20absolutely no oversight or constraints
2:35:22on the developers who will be swooping
2:35:25in like the scavengers. They are. No
2:35:28architectural restrictions or conforming
2:35:30to our neighborhood. No control and
2:35:33capacity or rental fees. No parking
2:35:35including included. But whoever wins the
2:35:39golden uh the goose that laid the golden
2:35:41egg will get tax incentives.
2:35:43>> We won't, [clears throat] but they will.
2:35:46>> Um what is our recourse if a developer
2:35:49does something wrong or reres havoc on
2:35:51on reres havoc on our community? Um, we
2:35:56were told that basically there's no
2:35:57recourse.
2:35:59Um, so please vote no on this overlay.
2:36:04And uh, lastly, I didn't realize that
2:36:07buying a single family home in Baltimore
2:36:09City was a bad thing. My property taxes
2:36:13would say otherwise.
2:36:17>> Thank you.
2:36:23Okay, we have two people left online.
2:36:26Kevin Duval and then John Simpkins.
2:36:31Uh, thank you very much for this
2:36:33opportunity. I want to
2:36:36echo the sentiments of the last two
2:36:39callers. I too uh am one of the 1700
2:36:44uh property owners that's affected by
2:36:46this directly. I would ask the council
2:36:49to vote no unless we could get some type
2:36:53of relief from the 500 foot incursion
2:36:57into the neighborhood. I think that the
2:37:01development along Harford Road has long
2:37:03been needed and especially in Westfield
2:37:06uh in my neighborhood where we straddle
2:37:09Harford Road and there's been no uh real
2:37:12commercial development for over 40
2:37:15years. So, I would ask that you oppose
2:37:19the amendment, the overlay as it's
2:37:21currently configured, uh, so that we can
2:37:24address the concerns about displacing
2:37:261,700 families and tree canopy and
2:37:31paving over uh, three miles of property.
2:37:35Thank you.
2:37:36>> Thank you,
2:37:41>> John Simpkins.
2:37:44And this is our last uh person to
2:37:45testify.
2:37:51>> Hey, good morning. Can you hear me?
2:37:53>> Yes.
2:37:54>> Hey.
2:37:55>> All right. Sorry. Good afternoon, uh,
2:37:56Chairman Dorsy and members of the
2:37:58committee. Uh, my name is John Simkins
2:38:00and I'm here to express my support for
2:38:02the bill um, the Harford Overlay
2:38:04district. Um, I've lived in this
2:38:07community my whole life. I grew up here.
2:38:09I raised children here, rebuilt my
2:38:11family home here, and now I'm raising
2:38:14another generation here. Over the past
2:38:16several weeks, I've spent a great deal
2:38:18of time reading the bill, reviewing the
2:38:20reports, attending meetings, and
2:38:21listening to the neighbors both sides. I
2:38:24believe there really are legitimate
2:38:26concerns and understand questions about
2:38:28density, parking, infrastructure design,
2:38:30and transition between new development
2:38:33and our existing homes. But
2:38:36you know, after considering all these
2:38:37concerns, I still believe the
2:38:38possibilities created by the overlay
2:38:40outweigh the risk. I support it for
2:38:42three reasons.
2:38:44Faro needs serious investment. It's
2:38:46blighted. I've watched good businesses
2:38:48come and go for decades. I have watched
2:38:51properties remain vacant and underused.
2:38:53I don't want to wait another 20 years
2:38:55hoping something will eventually change.
2:38:58Second, businesses need people.
2:39:00Apartments are not really gold for me.
2:39:02people are more residents mean more
2:39:05customers, more restaurants, bakeries,
2:39:07shops, etc. Third, I believe we can grow
2:39:10while protecting what makes Larville
2:39:12Hamilton and the surrounding
2:39:13neighborhoods great. Development and
2:39:16preservation do not have to be
2:39:17opposites. We can encourage investment
2:39:19while expecting good architecture,
2:39:22attractive facades, and responsibility.
2:39:25I've heard many predictions about what
2:39:27could go wrong if this bill passes.
2:39:29Those possibilities deserve
2:39:31consideration.
2:39:33But I also believe we need to consider
2:39:34what could go right.
2:39:36What if the vacant and underused
2:39:38properties are redeveloped? What if the
2:39:41additional flexibility allows mixeduse
2:39:43buildings with businesses facing Har
2:39:45Road with parking behind them? What if
2:39:48we attract both market rate and
2:39:49affordable housing? What if additional
2:39:52residents finally provide the customer
2:39:54base that allows for good businesses to
2:39:58survive?
2:40:00And we should ask what if we do nothing?
2:40:02We just keep the status quo, keep the
2:40:04things the way they are. I think if we
2:40:07continue the way we are that uh Buff
2:40:09Road is just going to continue to
2:40:11decline.
2:40:12>> Thank you, John.
2:40:12>> Get worse.
2:40:14>> All right. Thank you.
2:40:15>> Thank you for your testimony. Thank you
2:40:17everybody for testifying on this bill.
2:40:19Um
2:40:21I will make just one comment. Um couple
2:40:24brief comments here just having heard
2:40:26everybody.
2:40:28committee members welcome to as well. Um
2:40:31but this one in particular because it
2:40:34was presented as a matter of legal
2:40:36nature uh about what is the nature of an
2:40:40overlay. Mr. Murphy's testimony and
2:40:42writing cites the city code the zoning
2:40:46codes um section 12102 purpose of
2:40:49overlay districts. And um it says an
2:40:52overlay district is a district
2:40:53established by ordinance which by which
2:40:56a layer of regulation is superimposed on
2:40:58the regulations of an underlying zoning
2:41:00district. It does that. The overlay
2:41:03district is intended to modify or
2:41:05supplement the regulations of its
2:41:07underlying zoning districts in
2:41:09recognition of unique circumstances in
2:41:11the area. I think that there are clearly
2:41:14unique circumstances in the area where
2:41:15you have less than 1% residential
2:41:18vacancy but over 10% uh commercial
2:41:21vacancy in the adjacent commercial
2:41:22corridor. I also think that um you have
2:41:26unique circumstances in the area um in
2:41:30that it has continued to struggle for
2:41:35decades despite many other statistical
2:41:38and demographical indicators that should
2:41:40show that this that that should that
2:41:43many would believe would result in a
2:41:48thriving commercial opportunity zone.
2:41:51and we don't have that that this that
2:41:53this the problems of the Harford road
2:41:55corridor have persisted the way that
2:41:57they have for as long as they have I
2:41:59believe I would say constitutes you
2:42:01unique circumstances of the area and
2:42:03specifically recognizes it um in the way
2:42:07that it was studied and through uh
2:42:10addressing the recommendations uh of
2:42:13that study and then while maintaining
2:42:17the general character and purpose of the
2:42:19underlying zoning districts over which
2:42:21it is located. I don't think that
2:42:23there's any question that it maintains
2:42:27everything about the commercial corridor
2:42:30in its general manner. And I tried to uh
2:42:35speak to this point actually in my
2:42:37opening comments, but when we're talking
2:42:40about neighborhoods that have
2:42:41collectively uh roughly 16,000 dwellings
2:42:45in them and the overlay area affects
2:42:48roughly 1,200 dwelling uh residential
2:42:51properties, that's less than 10%.
2:42:54There's no
2:42:56way I can see a 90%
2:42:59uh you know area that maintains exactly
2:43:03the status quo. Um and then this 10% not
2:43:08even guaranteeing change allowing change
2:43:11possibly. um where in a city in a given
2:43:16year only 1% of any properties in the
2:43:18entire city see any form of
2:43:21redevelopment or uh renovation. Um the
2:43:24rate of change uh that it can reasonably
2:43:27be expected here is a small small
2:43:32percentage over any given period of time
2:43:35of just the 10%
2:43:38of dwelling areas that this overlay even
2:43:42uh affects directly in the the
2:43:45surrounding neighborhoods. So again,
2:43:471,200 out of 16,000 properties or 16,000
2:43:51dwellings um is a extreme minority. And
2:43:55so uh there's no question to me as to
2:43:58whether or not this maintains the
2:43:59general character and purpose of the
2:44:01underlying zoning district over which it
2:44:03is located. Um
2:44:07>> that you're out of order, sir.
2:44:09>> No, we are finished with public
2:44:11testimony on this. And um are there any
2:44:15other comments or questions from the
2:44:17committee members?
2:44:20Okay, I would like to offer these
2:44:22amendments
2:44:24for this bill. Um as I
2:44:29um
2:44:30covered earlier, amendment one is uh
2:44:34amendments to the title of the bill and
2:44:37striking uh obsolete material um
2:44:42from the bill. Uh amendment two is to
2:44:46remove the uh wholesale reference to R10
2:44:50as the standard for multif family and
2:44:53instead reference the table that is
2:44:55created on pages uh two and three um
2:44:59table 12404
2:45:02for how multif family can be built on
2:45:04the residential uh lots.
2:45:07Amendment three, uh, addressing, uh,
2:45:10concerns from the law department about
2:45:12curb cuts. Uh, amendment four, adding in
2:45:16grocery stores as, um, a an allowed use.
2:45:20And amendment five, uh, the planning
2:45:23commission recommendation
2:45:25uh, pertaining to, uh, energy centers
2:45:30um, from permitted to conditional by
2:45:33board. Um, I'd like to move these
2:45:35amendments. Um, all in favor amendments,
2:45:39Mr. Chair, none of the members of the
2:45:41public.
2:45:43>> All in favor of adopting these
2:45:45amendments say I. I. Oppose say nay.
2:45:49>> Abstain.
2:45:54Council
2:45:54>> Porter.
2:46:12Um,
2:46:15>> okay.
2:46:17>> We took a vote on the amendments. solid
2:46:19statement.
2:46:22>> Anybody who wishes to comment on these
2:46:24amendments, uh they are they'll be
2:46:26posted to the legisar website and um
2:46:31anybody who wishes to comment on them to
2:46:33the council can submit we are finished
2:46:35with public testimony. Um
2:46:38anybody who wishes to comment on these
2:46:39amendments can review them on the
2:46:41legisar website. Submit your comments to
2:46:45uh members of the council, me, whomever.
2:46:47Will you act on them?
2:46:49>> Uh we will move on. We will move on to
2:46:54uh the BMZA amendments.
2:47:00Uh I will move the BMZA's amendments.
2:47:03All in favor of adopting the BMZA's
2:47:06amendment uh say I. I. Oppose say nay.
2:47:12Abstain.
2:47:14Okay. Great. The uh Dorsy amendments and
2:47:17the BMZA amendment are voted favorable.
2:47:20Uh I will move the bill. All in favor of
2:47:22recommending this bill favorable with
2:47:24amendments say I. I. Oppose say nay.
2:47:28Abstain.
2:47:30>> Thank you. This bill will be reported
2:47:32favorable with amendment at the next
2:47:34council meeting.
2:47:42>> Yeah. Uh, and I'll have a floor
2:47:44amendment.
2:48:08Okay,
2:48:10we will move to council bill.
2:48:18>> We're going to go to exit. We just did
2:48:23>> council bill 260195
2:48:27zoning accessory dwelling units.
2:48:30Um
2:49:42Okay.
2:49:44Council Bill 20
2:49:48six. Excuse me. We're going to move on
2:49:50now.
2:49:5226
2:49:570195.
2:49:59zoning accessory dwelling units.
2:50:03Um, we heard this bill last week.
2:50:09I understand there is a minimal amount
2:50:11of testimony to uh is asked to be given
2:50:15here. I will allow some additional
2:50:17public testimony. Just um we have four
2:50:21people,
2:50:22>> two online, two in person.
2:50:24>> Okay, we have two online and two in
2:50:26person. That is the extent of the public
2:50:28testimony that we will have on this
2:50:30bill. So, it should take less than 10
2:50:32minutes for us to get through public
2:50:33testimony on this and then we will bring
2:50:35it to a vote uh including amendments. Um
2:50:39I have amendments and Councilman
2:50:41Blanchard has amendments. Um
2:50:44okay, who are two
2:50:48in person?
2:50:54Um, I cannot read the name.
2:50:58Oh, Doug Armstrong.
2:51:00Douglas Armstrong. Come on up.
2:51:06>> Armstrong.
2:51:08>> Uh, on the thing in front of you on the
2:51:09microphone thing, hit the button on the
2:51:11right.
2:51:11>> Oh, sorry.
2:51:12>> There you go.
2:51:13>> Douglas Armstrong, uh, Baltimore
2:51:15homeowner, resident, 2828 North Howard
2:51:18Street. Uh this bill is malpractice.
2:51:22It's also uh the bill and the and the
2:51:25amendments are dishonest. When you carve
2:51:27out part of a rowhouse for a second
2:51:30dwelling unit, it is no longer a
2:51:32rowhouse because it's no longer a single
2:51:34family. It's a multif family dwelling.
2:51:36No way around it. If you take two
2:51:38rowouses, two a two-story rowhouse with
2:51:41a basement and you convert it into one
2:51:43unit on the first floor and one unit on
2:51:45the second floor, which is what this
2:51:46amendment calls for. That's just
2:51:48multifamily dwelling. You're not fooling
2:51:51anybody. It's either single family or
2:51:53multif family. Look at the definitions
2:51:55in the code.
2:51:57And then look at the use tables in the
2:51:59code. You're not adding anything to the
2:52:02use tables. It's clear you're trying to
2:52:04hide the true intent of this bill.
2:52:07You're pretending this is something new,
2:52:08but it's not. It's just a conversion
2:52:11from single family to multif family with
2:52:12two units, which is which you are trying
2:52:15to permit with this 11th hour amendment.
2:52:17again without adding anything to the
2:52:19tables.
2:52:21Besides, if you did if you added a
2:52:24special two-unit multif family permitted
2:52:26use to the tables for every zone, people
2:52:28would catch on to what you're doing like
2:52:30they did with bill 2566.
2:52:33You got away with increasing multif
2:52:35family density on established rowhouse
2:52:37blocks with bill 2564.
2:52:40You didn't even you didn't get to go
2:52:42even further with 2566.
2:52:45What do you have against row houses?
2:52:48Rowhouse blocks are the tax cash cows of
2:52:52the Balt of Baltimore City. We are
2:52:55dollar denser than any other zoning
2:52:58category in in the city. That's R six, R
2:53:01seven, R8.
2:53:03So, as citizens and homeowners, we're
2:53:06left with taking you to court, as you've
2:53:08just heard before, and v or voting you
2:53:11out and redoing deceitful zoning changes
2:53:15at great cost and time wasted. Thanks
2:53:18for wasting all of our time today.
2:53:22>> Thank you. Um,
2:53:25Miss Alter,
2:53:27Miss Alter,
2:53:30>> and then we will go to our two people
2:53:31online.
2:53:41So, I have a single family detached
2:53:44house and the two houses on either side
2:53:46of me are uh rentals and uh my
2:53:51understanding is single zoning means
2:53:54that they could just build another house
2:53:56or just a a square thing and make it
2:54:00rentals. block out the sun, not allowing
2:54:03me to have a garden or or any any
2:54:08pleasure of my dwelling. Um, so I'm
2:54:12vehemously against this. Um,
2:54:17Humpty Dumpty sat on a wall, a seaw wall
2:54:20that fell down. Humpty Dumpty had a
2:54:23great fall. Baltimore sinking,
2:54:26collapsing.
2:54:28Humpty Dumpt all the king's horses and
2:54:30all the king's men couldn't put Humpty
2:54:33Dumpty back together again. This is
2:54:36where we are. Climate crisis. Just
2:54:38because you're a Democrat does not mean
2:54:40you're any shape or form
2:54:42environmentalist. When you haven't
2:54:43passed a single thing in the past three
2:54:47years regarding climate supposed to be
2:54:50climate resiliency. There's supposed to
2:54:52be that you understand that we must
2:54:55return to approvable infrastructure and
2:54:58it costs billions of dollars. But that's
2:55:01how you save Baltimore. Stop. Stop. Stop
2:55:04trying to get imaginary people to live
2:55:06in Baltimore when they don't want to
2:55:08live here and they can't live here and
2:55:10they will never be able to live here
2:55:12because you're going to make Baltimore
2:55:15go into receiverhip. And I've been
2:55:17telling you this for years, years, and
2:55:20years. How dare you squander all this
2:55:25time and energy that we could be doing
2:55:27TO SAVE BALTIMORE IN THE FIRST PLACE?
2:55:29You're going to make us leave.
2:55:33>> Thank you, Miss Elzer. We have two
2:55:35people online.
2:55:37>> Because it's too heavy. These multic
2:55:40complex compartments are too heavy.
2:55:43That's They're list.
2:55:51One way or another.
2:56:04>> Um, okay. We have
2:56:08I'm not going to repeat testimony from
2:56:10the last hearing we had. We already had
2:56:12Miss Deb O'Neal testify at the last
2:56:14hearing. We're going to go to Miss Linda
2:56:16Bats.
2:56:29>> Good afternoon. Can you hear?
2:56:30>> Yes, ma'am.
2:56:32>> Thank you so much for the opportunity to
2:56:34speak before you all this afternoon.
2:56:36Before I begin, I would just like to say
2:56:38that I would have appreciated the
2:56:40opportunity to hear former mayor Jack
2:56:42Young's testimony regarding the matter
2:56:45that brought him before the council
2:56:47today. Given his experience leading the
2:56:49city and navigating the practical
2:56:51challenges of governance, his
2:56:52perspective on whatever bill he came to
2:56:55testify on would have been valuable to
2:56:58this discussion. Um, in so far as the
2:57:01current bill under consideration, I am
2:57:04opposed to it. The city speaks of
2:57:06connecting communities on the one hand,
2:57:09yet risk creating a system that
2:57:11separates them by status and privilege
2:57:13on the other. Strong neighborhoods
2:57:15depend on participation, transparency,
2:57:17and trust. Voning appeals are a critical
2:57:20community guardrail against unchecked by
2:57:23right discretion. They provide a fair
2:57:25form for residents to challenge
2:57:27decisions that may substantially alter
2:57:30the character, capacity, and quality of
2:57:32life of their communities. When
2:57:34oversight is reduced and discretion is
2:57:36expanded, residents are left with fewer
2:57:39protections and less participation in
2:57:42decisions that directly affect their
2:57:43homes and neighborhoods. That is not a
2:57:46community connection. It is concentrated
2:57:49control. It favors convenience over
2:57:52consensus and privilege over
2:57:54participation. Uh I am especially
2:57:57opposed because as with some of the many
2:57:59previous bills that have preceded this
2:58:02250066
2:58:04and 21
2:58:07019 I believe there have not been the
2:58:11required and prudent equity fiscal
2:58:15environmental and other studies
2:58:16[clears throat] that are necessary to
2:58:19present before the public before
2:58:22uh changes of this scope scope and
2:58:24magnitude
2:58:25are are put into place. So, uh I would
2:58:29also say that the city continues to
2:58:31expand its budget while failing to
2:58:34increase the quality and and delivery of
2:58:39deliverables to the communities. As a
2:58:42result, and without laboring further, I
2:58:45oppose this and ask for the council to
2:58:48vote in opposition. Thank you, sir.
2:58:55Okay. And the last person to testify
2:58:57will be Miss Nicole Gate. Nicole
2:58:59Gatewood.
2:59:08>> Good afternoon. Can you hear me?
2:59:10>> Yes.
2:59:12>> Good afternoon. My name is Nicole
2:59:13Seagate with Esquire, president of the
2:59:14Hillsdale Heights Neighborhood
2:59:15Association of Northwest
2:59:18Single Family Homes. Our position is
2:59:20clear. HHNA does not support CCB 260195
2:59:25in its current form. Baltimore is
2:59:27required to comply with Maryland law,
2:59:29but compliance does not require a broad
2:59:32by framework without meaningful local
2:59:34guard rails. The October 1st deadline
2:59:36was foreseeable. Maryland approved the
2:59:38law in 2025. The bill was not introduced
2:59:41by Baltimore City until May 2026. A
2:59:44compressed calendar should not compress
2:59:46community review.
2:59:48Baltimore is not starting from zero.
2:59:50Existing zoning regulations allow
2:59:52carriage houses and residential
2:59:54conversions. We know how to pair housing
2:59:56flexibility with process. That concern
2:59:58echoes CCB 25-0066.
3:00:02Different bill, same question. By right
3:00:05residential intensity for meaningful
3:00:07process and protections. Planning has
3:00:10now recommended allowing ADUs to apply
3:00:13occupy required rear yard and pvious
3:00:16service area. That is a consequential
3:00:19local choice. One approval happens on
3:00:22one lot, but a neighborhood lives with a
3:00:26cumulative effects. In Hillsdale
3:00:28Heights, green space is infrastructure.
3:00:31It is not just green space. It's not
3:00:34leftover land. So, here's our path to
3:00:37yes. Make the process efficient. Make it
3:00:41predictable. But do not make it
3:00:43efficient automatically
3:00:46without safeguards. Give us clear
3:00:48eligibility, limits on size, placement,
3:00:51lot coverage, pvious service loss,
3:00:54protections for trees, drainage, storm
3:00:56water, notice, and sightspecific input
3:00:58for directly affected neighbors, and
3:01:00clear enforcement. A one-sizefits-all
3:01:03approach framework is not a
3:01:05collaborative path forward. We
3:01:07understand aging in place,
3:01:09multigenerational housing, caregiving,
3:01:12rental income, but a one size approach
3:01:15framework is not the answer.
3:01:17Collaboration means balancing housing
3:01:19flexibility with the voices of directly
3:01:21affected residents. I have two sentences
3:01:23and I will be done. We elected our state
3:01:26representatives. We elected our local
3:01:28representatives to carry out our
3:01:30community's voices and vision into city
3:01:33hall, not replace them. amend the bill
3:01:36first, build the guard rails into the
3:01:38law, and then move forward together in
3:01:40unity. I thank
3:01:41>> you, Miss Gatewood.
3:01:44>> Okay.
3:01:46Um, colleagues, we have amendments here.
3:01:50Um, I have a set of five amendments, one
3:01:55of which I'm going to ask that we uh not
3:02:00move. um because Councilman Blanchard
3:02:04has an alternative to it that is almost
3:02:08identical but adds a couple of things.
3:02:10Um
3:02:12uh amendment number one in my package um
3:02:16is pursuant to the law department's
3:02:20um
3:02:22uh recommendation that it says that a an
3:02:26an ADU that is attached to an existing
3:02:30structure is not considered to be part
3:02:35of the principal structure.
3:02:38Um, amendment number two addresses the
3:02:42redundancy of the existing carriage
3:02:45house law that uh with the adoption of
3:02:48this ordinance, the carriage house law
3:02:51would not be necessary anymore and it
3:02:53would con constitute uh or it would
3:02:56establish essentially a conflict of
3:02:58standards for the same things. Um,
3:03:01amendment three changes the standard of
3:03:05measurement. Um, pursuant to the state
3:03:08law, ADUs,
3:03:10um, should be smaller in size than the
3:03:14principal structure. And rather than
3:03:16using floor area, this amendment changes
3:03:19it to lot area because the effect is the
3:03:22same when you combine lot area and
3:03:24height standards that exist in the bill.
3:03:27Um, and it means that uh you can't end
3:03:30up with a
3:03:32ADU structure that is larger in its
3:03:35footprint than the uh principal
3:03:37structure on the lot. I will skip
3:03:39amendment four because this is the one
3:03:41that I I would have asked to have
3:03:44replaced with Councilman Blanchard's
3:03:46amendment number three. And then
3:03:48amendment number five uh is a transition
3:03:53provision that was proposed by the
3:03:54zoning board uh staff uh about what
3:03:58happens to existing structures in terms
3:04:00of their um conforming or non-conforming
3:04:04status and such. Um are there any
3:04:07questions from the committee about these
3:04:09amendments?
3:04:12Okay, I would like to move uh my
3:04:15amendments number one, two, three, and
3:04:20five, but not number four. Um,
3:04:23Councilman Gray, your thing about the
3:04:25registry is in Councilman Blanchard's
3:04:27amendment number three. Um, all in favor
3:04:30of adopting these amendments say I. I.
3:04:34>> I.
3:04:35>> Opposed, say nay. Abstain.
3:04:38Okay, these amendments are um voted
3:04:42favorable.
3:04:44Uh Vice President Middleton, before I go
3:04:46on to Councilman Blanchard,
3:04:48>> um you you can finish then I want to
3:04:50just make a matter of record of remember
3:04:52that as that I asked. I'll
3:04:55>> Yes, we will do that before we um before
3:04:58we vote.
3:04:59>> Uh Councilman Blanchard, your
3:05:00amendments.
3:05:01>> Um Mr. Dorsy, can you please um talk
3:05:05through your amendment number four and
3:05:07then I'll explain the
3:05:09>> No problem.
3:05:10>> The
3:05:11>> my addition original amendment for from
3:05:14uh that was in the packet from last week
3:05:17>> um
3:05:18establishes
3:05:21generally other standards pertaining to
3:05:24ADUs. Um
3:05:28it establishes the st the the the
3:05:31provision about where it can where one
3:05:34can exist uh inside of required lot
3:05:39lines. Um, this is informed also, by the
3:05:42way, by the state law that says that
3:05:45local jurisdictions can't adopt
3:05:49density standards that would effectively
3:05:52got
3:05:53>> um prohibit ADUs from being permitted.
3:05:56Um, that's specifically called out in
3:05:58the state law. Um then there's a
3:06:01provision about attachment to principal
3:06:03dwelling which is um sort of a part
3:06:06that's in tandem with amendment uh one
3:06:11from the law department that again says
3:06:13that um
3:06:16when an ADU is attached to the principal
3:06:18structure it is uh not it is not
3:06:22considered part of the principal
3:06:23dwelling. Um it specifies that no more
3:06:27than section D no more than one
3:06:30accessory dwelling unit may be
3:06:31established on a lot. The first reader
3:06:34was not clear on that point and so this
3:06:37clarifies that. Um and then section E
3:06:40comes from BMZA uh cons consultation uh
3:06:45and conversation about uh where an ADU
3:06:49can exist. Um there we don't ne we don't
3:06:54want people building ADUs in the front
3:06:58yard of houses, but if there is an
3:07:03existing structure like a garage that it
3:07:07protrudes into that existing uh front
3:07:09yard to some degree, there's nothing to
3:07:13say that that garage can't be converted
3:07:15into an ADU. um is kind of the nut of
3:07:19what um section E is about. And then
3:07:23Councilman Blanchard, your amendment
3:07:25three uh adds Yeah.
3:07:28>> F and G to that.
3:07:30>> Yep. Thank you, Mr. Chair. So, um
3:07:34number uh sorry, letter F in my
3:07:37amendment number three uh does two
3:07:40things. one, um it clarifies that a
3:07:43rowhouse could be uh could have a
3:07:48um
3:07:49an ADU on the property as well. Uh and
3:07:52then also based off of some feedback
3:07:53that we got um during the public
3:07:56hearings last week, we did want to make
3:07:58sure uh that there are no ADUs on a
3:08:01multif family building. So, for example,
3:08:03if you have a a threeunit property or a
3:08:0610-unit property or 20-unit property,
3:08:07whatever, it doesn't make any sense to
3:08:09have an ADU on that property, whether
3:08:10it's one per unit or one total. Um, so
3:08:15it is saying that uh an accessory
3:08:17dwelling unit may not be built on a lot
3:08:19with a principal multif family dwelling.
3:08:21So, that's clarifying that's not the
3:08:23purpose of an ADU. Um, and so we wanted
3:08:26to put those guardrails there. And I
3:08:27appreciate um Nika Emi and John Kern
3:08:30from the SOE fund for um flagging that
3:08:34um potential issue. And then uh letter
3:08:37G, which I think came from uh some
3:08:39questioning that uh my
3:08:41>> Councilman Parker,
3:08:43>> I think this is Councilman Gray's uh
3:08:45line of questioning from last week. uh
3:08:47and it uh requires the department of
3:08:49housing community development to create
3:08:51and maintain a permanent publicly
3:08:53accessible database for all ADUs and all
3:08:55permits issued for the constructions of
3:08:57an ADU. Uh so that way we can see uh
3:09:00where this is happening across the city,
3:09:01see what the impacts are, see how
3:09:03frequently this is happening and also
3:09:04make sure that we can see that these
3:09:05things are being permitted correctly,
3:09:07right? because uh I think all of my
3:09:10colleagues know the challenges with um
3:09:14ensuring things that are getting built
3:09:16in your district are correctly
3:09:18permitted. So, and I appreciate um
3:09:20Councilman Gray's uh questions and
3:09:23whatnot around that. Um so that those
3:09:26are the two additional letters to my
3:09:29amendment number three, which is
3:09:30otherwise identical to Councilman
3:09:32Dorsey's amendment number four. Um,
3:09:39>> yeah. So, I'll talk through Yeah. I'll
3:09:41talk through amendments number one and
3:09:42two. So, and I'll talk through amendment
3:09:45number two first, just because I think
3:09:47it's a little more logical. Um, as I
3:09:50brought up several times in the last
3:09:51hearing, um, I think we should be able
3:09:54to have ADUs in row homes. I actually
3:09:57feel really strong about that. My
3:09:58district is uh almost exclusively row
3:10:02homes outside of downtown. Uh I think
3:10:04that being able to age in place, being
3:10:07able to have multigenerational uh
3:10:09households, being able to have some
3:10:11rental income out of an English basement
3:10:12or something like that is something that
3:10:14makes perfect sense and I've been
3:10:15vocally supportive of for a long time. I
3:10:18think we should have that uh in all of
3:10:19our neighborhoods uh including our row
3:10:21home neighborhoods. So, it allows for
3:10:23that, but it does put a cap uh saying
3:10:25that no more than 40% of the gross floor
3:10:27area of the structure can be used for
3:10:29the ADU. Meaning that if you have say um
3:10:34a 2,000 ft
3:10:36square foot home, uh the ADU would not
3:10:41be able to be larger than 800 square ft,
3:10:44right? So, um you have you still have
3:10:47the clear principal uh unit and then the
3:10:50ADU as opposed to say like a duplex
3:10:53which could be mirrored.
3:10:55And then lastly, amendment number one,
3:10:59um it clar going into that for that
3:11:01reasoning clarifies
3:11:03um that an ADU within the same structure
3:11:06as a principal single family dwelling uh
3:11:08does not constitute res conversion and
3:11:10therefore they're two different
3:11:12processes that they would need to go
3:11:14through. Um, and then also says that if
3:11:18in the future, let's say you had a
3:11:20situation where you had a property, you
3:11:22then had an ADU, um, built an ADU on the
3:11:26property, and then you wanted to convert
3:11:28to a multif family through the standard
3:11:30multif family conversion process, that
3:11:32ADU would have to be treated as one of
3:11:34the units for all of the protections
3:11:36that are in place for, uh, number of
3:11:39units per lot size and all that type of
3:11:41thing. So, um, I think that also makes
3:11:44sense as well. That's all, Mr. Chair.
3:11:46>> Thank you, Councilman Blanchard. Any,
3:11:48uh, questions or comments from the
3:11:49committee about Councilman Blanchard's
3:11:51amendments?
3:11:54>> Okay. Councilman, would you like to move
3:11:56these amendments?
3:11:58>> I would.
3:11:58>> Oh, don't.
3:12:00>> Yeah, let's do.
3:12:01>> You'd like to just discuss these
3:12:03amendments?
3:12:03>> Oh, I would absolutely love to discuss
3:12:05these amendments. Yes. Thank you.
3:12:06>> Okay. I did invite that before I asked
3:12:07him to move it.
3:12:08>> Yeah. I didn't realize you were jumping
3:12:09right into voting, Mr. Chair. Sorry.
3:12:13Please, you have the floor. Councilman
3:12:15Parker.
3:12:15>> Thank you, Mr. Chair. Um, yeah, I
3:12:18strongly oppose the amendments brought
3:12:19by Council Person Blanchard, all three
3:12:21of them today, with the exception of um
3:12:24uh Council Person Gray's um uh concept
3:12:28of the registry, which is tacked on to
3:12:30uh an amendment that has nothing to do
3:12:32with the rest of it content-wise. And so
3:12:34I I I think it's a little frustrating
3:12:35because I'd love to be here supporting
3:12:36Council Person Gray's amendment here in
3:12:38committee and to not be able to do so
3:12:40because it's attached to what I consider
3:12:42to be a a gross violation of the the
3:12:44bill in front of us that I sponsored
3:12:46from the very beginning. And um with
3:12:47these amendments, I would be strongly
3:12:49opposed to. Um so uh that being said the
3:12:54concept of an ADU um both by uh reason
3:12:58logic and state law is a a detached or
3:13:03uh or or semi- detached or attached
3:13:07structure a separate structure right
3:13:10state law defines it this way
3:13:13um uh in the law that we are trying to
3:13:16uh uh abide by by passing this one
3:13:19internally uh ADU means a secondary
3:13:22dwelling unit that is on the same lot
3:13:24etc etc as the primary not greater than
3:13:27etc. It includes a structure that is
3:13:29separate from the primary or attached as
3:13:32an addition to the primary. Uh it
3:13:35specifically says dwelling unit does not
3:13:37include a unit in a multi family
3:13:38residential building. um either a multi
3:13:40family residential building that already
3:13:41exists which I appreciate council person
3:13:43Blanchard being thoughtful about uh or a
3:13:46single family building which would
3:13:47inherently become multif family by
3:13:49adding an internal ADU which again I
3:13:51suggest internal ADU is contrary to
3:13:53reason and contrary to state law as is
3:13:56defined. There is no such thing as an
3:13:57internal ADU. There is attached and
3:13:59there is a is a secondary structure that
3:14:02is attached or detached but it is it is
3:14:04not the same structure that already
3:14:06exists. Right? That's not accessory.
3:14:08It's it's it's the building, right? Um,
3:14:11so that being said, we have a path
3:14:13already existing in R seven and R8,
3:14:15which I appreciate the council person's
3:14:17concern for row house neighborhoods. Uh,
3:14:18I grew up in his district in Row House
3:14:20and I represented a district that's
3:14:22almost entirely rowhouse neighborhoods
3:14:23as well. So, we we share similar
3:14:24backgrounds here and and similar
3:14:26passions about it. Um, I also share the
3:14:29council person's commitment to um making
3:14:32sure that we have additional flexibility
3:14:34towards residential conversions. I in
3:14:36fact sponsor amendments last year to 66
3:14:38which would have adjusted the R seven R8
3:14:41conversion process so that it would not
3:14:42have to come as ordinances before uh
3:14:45before this committee but instead would
3:14:46go before the uh uh the BMCA for a
3:14:49conditional use by uh by board rather
3:14:51than conditional use by ordinance which
3:14:52is an incredibly heavy burden and
3:14:53doesn't belong in our zoning code in our
3:14:55city laws. Um, so I I support any
3:14:58efforts that we might make to make the
3:15:00conversion process and to increase
3:15:02access to multif family housing uh
3:15:04whether it's 40% of the structure or 50%
3:15:07of structure, whatever else, doesn't
3:15:08really matter. Um, in our R seven and R8
3:15:10rowhouse neighborhoods. Um, but but to
3:15:12backdoor it as a buy and pretend that a
3:15:15second unit um somehow is magically not
3:15:18multif family housing, I just just I
3:15:21mean the code defines multif family
3:15:24structures. it already exists in the
3:15:26code. And so now we're going to have two
3:15:27things. So, so now if you want to
3:15:29convert your basement, you could either
3:15:30file for a ordinance through your
3:15:32council person in R78 district and go
3:15:34through this whole process. Um, or you
3:15:36could uh you just say like, oh, it's
3:15:38it's an ADU. Well, well, no, it's it's
3:15:40one thing. It's one thing. It needs to
3:15:42be one thing in the code. And if we're
3:15:43going to fix that, which we should by
3:15:45making it easier to convert to multif
3:15:47family, not only in R seven and R8, but
3:15:49in all the R zoning districts, in all
3:15:51the R zoning districts, I'm here for
3:15:52that conversation. uh then it needs to
3:15:54be consistent and it needs to be we need
3:15:56to be honest about what we're talking
3:15:57about and not try to tap it into in a
3:16:00backdoor way or a basement way which is
3:16:02the the favorite the favorite ADU um
3:16:04standin here uh to our good faith
3:16:07efforts to address um the ADU
3:16:11requirement put on us by the state and
3:16:12that that many of us are eager to see uh
3:16:15whether it's the backyard of row house
3:16:16or the backyard of a single family home
3:16:18in a different part of the the city that
3:16:20is a priority for us and so we need to
3:16:22focus on that priority and not not
3:16:24create uh not create this uh this
3:16:26essentially two-unit by rightight across
3:16:27the entire city when that is its own
3:16:30proposal that deserves its own time and
3:16:32hearing and has nothing to do with
3:16:34creating a a better and more streamlined
3:16:36and more effective ADU process.
3:16:40>> Councilman Blanchard.
3:16:41>> Yeah, thank you, Mr. Chair. Uh and I
3:16:44thank my colleague from the first
3:16:46district uh for his concerns here. Um, I
3:16:50will note, and I do feel this is a
3:16:52matter of arguing semantics, but if you
3:16:53look on the Maryland, uh, Department of
3:16:56Planning's website, uh, the first two
3:16:59sentences, ADUs are smaller independent
3:17:01dwelling units, attached or detached,
3:17:03located on the same lot as a standalone
3:17:05single family home. ADUs can be
3:17:07converted in converted rooms in existing
3:17:11home open parenthesis interior ADUs
3:17:13closed parenthesis additions quote
3:17:16attached ADUs or new converted
3:17:18standalone accessory structures. Um
3:17:21there is down at the bottom there's an
3:17:23opportunity to give feedback to the
3:17:25state department of planning about that.
3:17:26But um the state department of
3:17:29planning's interpretations of ADUs is in
3:17:31line with mine. Um, and I'll say and I I
3:17:34know that my colleague um had some
3:17:37family commitments and was able to make
3:17:38last week's, but I just want to make
3:17:39really clear. I was across repeated
3:17:43points in in last week's um meeting and
3:17:46you didn't accuse me of this, but I
3:17:47think it's just important to state it
3:17:49for the public. Um, very clear that I
3:17:51think it is actually really important
3:17:52that interior ADUs are allowed. Um, and
3:17:56so
3:17:58I've been I don't know. I don't know how
3:18:00I would be able to be more transparent
3:18:02um with my own position on this than
3:18:04than I have been. Um and just kind of if
3:18:06I can give a brief sort of example of
3:18:07why we would want something like this.
3:18:10And this is a this is not a fabricated
3:18:12story. I was at Cross Street Market. Um
3:18:16on Saturday I saw an old neighbor of
3:18:18mine who was a bartender in the
3:18:19neighborhood. She used to live next door
3:18:21to us. She moved out somewhere else.
3:18:23She's uh in the neighborhood. A house on
3:18:26our block just went up for sale. it had
3:18:28been um improved and built out and
3:18:30everything. And she was like, "I saw 19
3:18:33is up for sale." Like uh she's like, "I
3:18:36would love to put in on it." Um but
3:18:38she's like, "You know, the whole
3:18:39bartender salary thing." She has a
3:18:42non-romantic uh roommate uh non-romantic
3:18:45relationship roommate. She was like, you
3:18:46know, Brody could move in with me, but
3:18:49it's kind of weird because there's not
3:18:50like she literally said like if like the
3:18:52basement was a separate unit or
3:18:54something like that and he could just go
3:18:55in through that way, that would make it
3:18:56a lot easier for me to buy it. So, I
3:18:58really think that this is a very
3:19:01meaningful positive impact to it creates
3:19:04opportunities for real people in a lot
3:19:06of different situations. Um, and I don't
3:19:09think it's right to ban it across most
3:19:11of our districts. And I don't think it's
3:19:13right to it is I think clearly distinct
3:19:15from a conversion. Um and I think the
3:19:17state department of planning would agree
3:19:19with me on that one. So thank you Mr.
3:19:21Chair.
3:19:21>> Thank you Councilman Gray or Porter. Do
3:19:25you have any comments?
3:19:28>> Council Parker again.
3:19:30>> Thank you Council President Blanchard
3:19:32for that. Um so uh so yeah and my
3:19:34district is full of uh multif family
3:19:38conversions uh whether it's carriage
3:19:39houses or internal conversions. Um and
3:19:42they address exactly the kind of things
3:19:44that your neighbor is talking about. Um
3:19:46and so thankfully it's not forbidden. In
3:19:49fact there's a process a long-standing
3:19:51existing process that you're very
3:19:52familiar with and which I just
3:19:53referenced which is the multif family
3:19:54conversion in R seven and R8. So act
3:19:56like this is solving a problem that
3:20:00exists because of a ban is disingenuous
3:20:02because it's not banned, it's permitted
3:20:05both by right if new construction and by
3:20:07a conversion process, a clunky, slow
3:20:10conversion process that needs to be
3:20:11fixed. And I know you and I will work
3:20:13together to fix it. Um, but to act as
3:20:16though your neighbor or all the other
3:20:18neighbors who have already gone through
3:20:19conversions, including the ones we voted
3:20:20on this morning, we know this process
3:20:22exists because we already took up bills
3:20:24converting to multif family today in
3:20:26this thing in R seven and our eight
3:20:27districts. Um, that process exists. It
3:20:30should be improved, but it's not banned.
3:20:32It's permitted in R seven and R8 and it
3:20:34ought to be permitted in more so that we
3:20:36increase that flexibility. Um, but to to
3:20:39create a backdoor way of saying, well,
3:20:40this is an internal ADU and not a multif
3:20:44family conversion just simply it's just
3:20:46simply not true. Let's fix the process
3:20:48we have and expand it to give people an
3:20:51easier and better way to do that across
3:20:53the entire city. Um, but not come
3:20:56sideways at something when really we're
3:20:57focused on on ADUs which are external to
3:20:59a a single a single building.
3:21:05>> Okay. Any other
3:21:07committee member comment on this?
3:21:11Um
3:21:15Tony, I also had a I just want to note I
3:21:18sent around a version of my amendment um
3:21:24four that did incorporate Councilman
3:21:26Gray's
3:21:28um registry into it. Um, that didn't get
3:21:34>> you should have that in your inbox.
3:21:36Um,
3:21:38by the way, uh, it just wasn't in the
3:21:41packet.
3:21:43Um,
3:21:47Councilman Blanchard,
3:21:50would you like to move these amendments?
3:21:58>> Yes.
3:22:02I would like to move the amendments.
3:22:05>> Um,
3:22:09uh, shall we move them all together?
3:22:11Okay. Um, all in favor of adopting these
3:22:14amendments say I. I. Oppose say nay.
3:22:19>> Abstain.
3:22:22Um, I wasn't clear about that. Um, maybe
3:22:26we should do a roll call. Okay. Um, the
3:22:29chair votes I. Uh, Vice Chair,
3:22:32>> hi.
3:22:32>> Uh, Councilman Blanchard,
3:22:34>> I.
3:22:35>> Um, Councilwoman Porter,
3:22:36>> hi.
3:22:37>> Councilman Parker,
3:22:38>> no.
3:22:39>> Councilman Gray,
3:22:40>> no.
3:22:41>> Okay. Uh, the eyes have it. These
3:22:43amendments are uh voted favorable. Um,
3:22:48and uh, I'd like to move the bill
3:22:50favorable with amendments.
3:22:53Um,
3:22:55>> oh, but before we do that, I want to
3:22:57come back to two things that were
3:22:59brought up in the hearing
3:23:01last week.
3:23:02>> Mr. Chair, can you vote on just Mr.
3:23:06Blanch's amendments or your amendments
3:23:08as well?
3:23:08>> We had already voted on my amendments.
3:23:11Um,
3:23:13we had requests from Councilwoman Porter
3:23:17and Councilwoman Middleton, u,
3:23:20Councilwoman Porter from the fire
3:23:22department. Um, I believe the fire
3:23:24department responded providing the
3:23:27references from the international
3:23:29residential code that show that without
3:23:32needing to amend the bill, these
3:23:34standards would already would already
3:23:36apply to any ADUs to be permitted.
3:23:39Council Porter.
3:23:41>> Yeah. Emmes, you want to actually
3:23:43provide some context on that based on
3:23:45our conversation?
3:23:48>> So, um, yes. Um, thank you for the
3:23:51question, Council Person Porter. when I
3:23:53initially provided the fire department's
3:23:55position on a bill is because this um
3:23:58the definition of accessory dwelling
3:24:00unit is not clearly laid out in our code
3:24:03and we've been working with you with you
3:24:05and u and it appears that all the
3:24:09applicable building and fire codes would
3:24:11apply to any new ADA units.
3:24:14>> Yes, thank you. Yeah. Um an ADU is a DU
3:24:17first and foremost, right? It's an
3:24:19accessory dwelling unit that is a
3:24:22dwelling unit. And so any code that
3:24:24applies to any dwelling unit will apply
3:24:26to it just like it applies to single
3:24:29family dwelling unit, multif family
3:24:31dwelling unit, whatever. So thank you.
3:24:34Appreciate the clarity. And then for
3:24:35Councilwoman Middleton, uh there was a
3:24:37request for a um what the path forward
3:24:43um an implementation plan um some sort
3:24:47of website uh or some sort of public uh
3:24:50facing presentation of like what it
3:24:53would mean um to have uh like what is an
3:24:58ADU and how does a person get an ADU and
3:25:01I know that I spoke to Jason Wright DACD
3:25:05and he spoke to planning and that
3:25:06planning would take this part on.
3:25:10>> And I did just to add I did receive a um
3:25:14chart form of a an actual process that
3:25:19as a council member if we get calls that
3:25:21come in they can see that process. Um
3:25:25there are probably some people here and
3:25:27from the last hearing a number of the
3:25:31amendments that have been presented
3:25:33today were was feedback from that
3:25:36meeting from that particular hearing and
3:25:41um also you know just to sum up the same
3:25:44thing with uh what Councilman Porter
3:25:47asked for but I did receive yes and I
3:25:52don't know if he just quickly
3:25:54Uh maybe you can just quickly explain
3:25:56what you what you gave me which I
3:25:58thought was a very um important piece
3:26:03for us to follow as we move forward. If
3:26:06you just want to give some quick words
3:26:08about that.
3:26:08>> Is that mic working?
3:26:09>> Because it's important. Yes, it's
3:26:11working.
3:26:11>> Justin,
3:26:12>> the mic works. Uh yes. Uh good
3:26:14afternoon. Uh thank you, Councilwoman.
3:26:16Uh Justin Walker, DOP. Um, what I
3:26:18provided was a draft of the one-pager,
3:26:21which would walk uh, homeowners or
3:26:23anyone interested in establishing an ADU
3:26:26on the property through the uh, approval
3:26:29process both uh, from a zoning
3:26:31standpoint and then the permitting they
3:26:33will need to receive. Um, as as I
3:26:35mentioned to you, it was a draft because
3:26:37we'll have to see where today's
3:26:38amendments land to know exactly uh,
3:26:41where ads will be allowed and what that
3:26:43process will be. But it's a it's
3:26:45essentially a six-step document for any
3:26:47homeowner that's interested in
3:26:49establishing an ADU. Um exactly the
3:26:51process they would need to go through.
3:26:58>> Thank you.
3:26:59>> Thank you, Justin. Okay. Uh I move the
3:27:02bill favorable with the amendments, uh
3:27:06the Dorsy amendments and the Blanchard
3:27:07amendments. Uh all in favor of uh
3:27:11recommending this bill favorable say I.
3:27:14>> I.
3:27:15>> Oppose say nay.
3:27:16>> Nay.
3:27:17>> I hear
3:27:19two three
3:27:22>> oppose. Okay that is four uh affirmative
3:27:26two negative uh sorry three negative. Um
3:27:30this bill will be fa v reported
3:27:32favorable with amendments to the council
3:27:35at its next meeting. Um, we're concluded
3:27:38on that.
3:27:40We
3:27:42have one last bill on the agenda today.
3:27:44And I want to thank everybody who has
3:27:46been here so patiently waiting for 3
3:27:48hours and 47 minutes.
3:27:52Uh, I also want to thank all of our
3:27:53staff who has sat here for so long
3:27:55today. All of our agency staff and
3:27:57everybody. Um we'll take just one minute
3:28:00and then we will begin with
3:28:04conditional uh 260174
3:28:07zoning conditional use health equity
3:28:10assessment data centers. Um I will begin
3:28:13by asking the sponsor of the bill to
3:28:15present the bill to the committee. Yes.
3:28:17Um, I will also note
3:28:21um I think everything that we've had on
3:28:23the agenda here today has gone on um a
3:28:26bit longer than we all expected. Um I
3:28:30fractured three ribs in my back and
3:28:32three uh vertebrae yesterday. Um and I'm
3:28:37sitting here a lot longer than I
3:28:40expected to.
3:28:41>> Sure. Um, I would like to hear the
3:28:44sponsor's presentation of the bill
3:28:46personally. Um, after which I really
3:28:49need to go and rest and I'm going to
3:28:51hand the chair over to, uh, Vice Chair
3:28:55Middleton um, after hearing the initial
3:28:58presentation from the bill sponsor. Um,
3:29:01my apologies.
3:29:04>> Thank you so much, Mr. Chair. All right.
3:29:09>> You ready?
3:29:10>> Please.
3:29:10>> Okay. Good afternoon everyone. Um I am
3:29:12Councilwoman Felicia Porter and I am the
3:29:15bill sponsor for 26-0174
3:29:19zoning conditional use by ordinance
3:29:21health equity assessment for data
3:29:23centers. First I want to acknowledge the
3:29:25controversy surrounding this bill. I
3:29:27understand that data centers are
3:29:30definitely a very controversial issue um
3:29:32in the in our nation and in our state
3:29:35and in our city. But I also want to
3:29:37highlight that we have to continue to
3:29:39have this conversation in a very
3:29:41transparent form and also validating
3:29:44community concerns to make sure that we
3:29:47not only address the misconceptions
3:29:49about legislative language but that we
3:29:51also provide opportunities for any type
3:29:55of policy disposition that is unlike
3:29:58ones that are currently being po poured
3:30:01into Baltimore. So, I will also like to
3:30:04affirm the support for residents um who
3:30:07want to ban data centers um and their
3:30:09right to advocate. I think that it is an
3:30:12opportunity for them to keep pushing
3:30:14once a vote is called to ban data
3:30:17centers. I welcome that in this chamber,
3:30:20but as of right now, there is not a
3:30:22current legis there's not current
3:30:23legislation to ban data centers and the
3:30:26topic is currently held by a council
3:30:28member right now. and also with that
3:30:32topic reservation I am unable to work on
3:30:34that particular bill. So we are coming
3:30:36up with different strategies for for
3:30:38forward movement.
3:30:41I want to take this also as an
3:30:43opportunity to reframe this again as an
3:30:45opportunity to be proactive and informed
3:30:47and really understand the current
3:30:49moratorum. Yesterday's legislative
3:30:52yesterday's legislative oversight
3:30:53hearing um related to data cent's
3:30:55community impact revealed some very very
3:30:58damning information about one the
3:31:00moratorum and two the factors of the
3:31:03health the environmental health aspect
3:31:05of this particular moratorum. I take
3:31:07this as an opportunity to again have
3:31:10conversations with folks, advocates,
3:31:12industry, and also government to make
3:31:15sure that we get this right, but also we
3:31:18cannot continue to have this
3:31:19conversation without drastic public
3:31:22input. So, I'm going to go over the bill
3:31:25real quick.
3:31:27Next slide.
3:31:30All right. Again, during yesterday's
3:31:32hearing, I asked the current data center
3:31:34inventory in the city of Baltimore. I
3:31:36asked about regulations for data centers
3:31:39currently existing in the city. What
3:31:41specific regulations related to
3:31:43operations, health and noise would any
3:31:45type of permitting for existing
3:31:47facilities pending applications prior to
3:31:49the moratorum and impact study
3:31:51collaboration. So where this bill
3:31:54originally started originally 26-0174
3:31:58established data as data centers as
3:32:00conditional use by ordinance requiring a
3:32:02health equity assessment before approval
3:32:05in the IM1 and IM2 areas of the city. We
3:32:08know that this is we know that this is a
3:32:10targeted area based on infrastructure
3:32:12and land in the and land resource in
3:32:15those particular areas. There is a
3:32:17current gap that existed within
3:32:19Baltimore zoning framework for data
3:32:20centers at the time of this
3:32:22introduction. So the four amendments
3:32:24that were that were shared from the
3:32:27planning commission meeting, we actually
3:32:29integrated them into this bill that we
3:32:31have here today. So again, the original
3:32:34bill does not include the amendments
3:32:36from the planning commission. We took
3:32:38time to hear the public discourse and
3:32:40also the recommendations from the
3:32:42planning commission to actually
3:32:44introduce and draft amendments that are
3:32:46on my members that are on the members's
3:32:48desk today. I also want to highlight
3:32:50that data centers currently are
3:32:53permitted by right. Permitted by right
3:32:55means that you do not have to go through
3:32:57any public posting. You don't
3:32:59necessarily have to get public input.
3:33:02We had yesterday at yesterday's hearing,
3:33:05it was determined that we had six
3:33:06currently in the city. I asked very
3:33:08specific questions related to public
3:33:10posting, whether the council member was
3:33:11involved, whether there was any city
3:33:13council interaction, and it was
3:33:16negative. Uh, it was a um it was a no
3:33:18response to each of those questions. So,
3:33:23oh, hold on,
3:33:26hold on.
3:33:28I want to play yesterday's testimony for
3:33:30folks in the room. just in case they did
3:33:32not see it.
3:33:39H it's a YouTube video.
3:33:48Maybe if we go to the presentation.
3:33:56>> There we go.
3:33:58Um,
3:33:59>> and my last my last question with the
3:34:01moratorum, can you speak to the last
3:34:03time you had a conversation um outside
3:34:05like I know you are I know you all are
3:34:07having conversations. Can you speak to
3:34:09the last time you had a conversation
3:34:11regarding your collaboration with the
3:34:12health department and our other partners
3:34:14for the moratorum?
3:34:17>> I have not had
3:34:18>> you've not had a conversation with the
3:34:20health department of planning.
3:34:21>> Sure. So um I know Austin Davis my
3:34:24colleague hopefully is online. He's at a
3:34:25a conference in New York and he's been
3:34:27doing the the preponderance of the work
3:34:29on data centers. Um, and I think our
3:34:31conversations with the health department
3:34:32determined that they don't have the
3:34:33staff to do the background data
3:34:35analysis. So, we're going to try and
3:34:37cover as much of that as we can. Though,
3:34:39of course, we defer to their expertise
3:34:40on actual health impacts. Um, so that
3:34:44has been somewhat limited in that way.
3:34:45>> Great. So, which agency are you going to
3:34:47for environ environmental pollution and
3:34:49or noise?
3:34:51>> Uh, I don't have that in front of me at
3:34:53the moment. I'm not sure to what scope
3:34:55that has been reached yet.
3:34:56>> No worries. That's an official committee
3:34:57request, please. I would like um
3:35:01So, I asked all I asked for all the
3:35:04official committee notific Oh,
3:35:06>> and my last my
3:35:07>> Thank you. Thank you, Tony. I asked for
3:35:09the official communications about um
3:35:12where the moratorum is, the inter agency
3:35:14aspect particularly with the health
3:35:16department and or any other partners
3:35:18strategically related to the
3:35:20environmental as environmental aspect.
3:35:22So what we know from the public
3:35:24sentiment that's already happening,
3:35:26communities across the country are
3:35:27pushing back against data center
3:35:28development and the resistance is real
3:35:30and understandable. However, Baltimore's
3:35:34has an opportunity through the health
3:35:35equity assessment requirement to count
3:35:37to directly counter that and it puts the
3:35:39the burden of disclosure on the
3:35:41developer and not the community. The
3:35:43reason why I put the burden on the
3:35:46developer and not the community is
3:35:47because the developer needs to pay for
3:35:49any type of um any type of assessment
3:35:52andor information that is privileged to
3:35:55this committee. So I felt that when we
3:35:58look at how information is being shared,
3:36:01we need to make sure that the developer
3:36:03is not only using tax dollars and
3:36:05taxable resources to have those types of
3:36:08resources shared with the committee, but
3:36:10that they also need to have the public
3:36:12they also need to have the burden of
3:36:14disclosure when they present their per
3:36:16permanent application.
3:36:21Next, I'm going to go through amendment
3:36:23by amendment. So I'm going to first go
3:36:25through what I heard from the planning
3:36:26commission. So the planning commission
3:36:28raised concern that the bill was written
3:36:30was a legal nullity during the moratorum
3:36:33period because it would permit
3:36:34conditional use approval while a
3:36:36moratorum is effect. The planning
3:36:37commission also said that the commission
3:36:39noted that the health department may not
3:36:41have the expertise or resources to
3:36:42review health equity assessments.
3:36:44Lastly, the commission flagged that BMCA
3:36:47references created confusion about
3:36:49future proofing and decision-making
3:36:50authority. So colleagues as to go to the
3:36:53amendments. Amendment one updates the
3:36:55data center definition, repeals and
3:36:57reordains the definition and delays the
3:36:59bill's effectiveness until the moratorum
3:37:01ends. So again we heard from community,
3:37:04we heard from the planning commission.
3:37:06This bill is actually this bill is
3:37:08actually going to further complement the
3:37:10moratorum and not be in competition.
3:37:13Amendment number two added definitions
3:37:15in the subsection to cover technical
3:37:17terms used in the bill. Amendment three
3:37:19changes the agency reviewing the health
3:37:21assessments from the health department
3:37:23to the office of sustainability which is
3:37:25in the department of planning. It also
3:37:27moves the requirement for a favorable
3:37:29health assessment before granting
3:37:30conditional use requiring the office to
3:37:32submit a report on the assessment's
3:37:34accuracy to the city council to
3:37:36alleviate any type of any type of
3:37:38ambiguity as it relates to the
3:37:40decision-making authority. And then
3:37:42amendment four raises various language
3:37:45changes for clarity and specificity
3:37:47specifically to the contents of the
3:37:48assessment. So again where the bill
3:37:51stands now the bill is fully contingent
3:37:53on the end of the moratorum. does not
3:37:55conflict and or cir circumvent current
3:37:58reg excuse me current restrictions and
3:38:02the health equity assessment requirement
3:38:03remains a core protective standard that
3:38:05the office of sustainability serves as
3:38:07an envir as an advisory capacity
3:38:10preserving the council's decision-making
3:38:11authority and last but certainly not
3:38:14least I want to go over the method by
3:38:16which um I wanted to bring this to the
3:38:18council as conditional use by ordinance
3:38:21so as it stands right now again I said
3:38:23data centers are permitted by right. I
3:38:26am of the mind that they're going to go
3:38:28conditional use by board once the
3:38:30moratorum ends which I think is
3:38:32insufficient. I think that we should use
3:38:34a conditional use by ordinance whereby
3:38:36we are introducing it from the council
3:38:38member having a committee hearing on the
3:38:41record having a vote then moving to
3:38:44second reading having a subsequent vote
3:38:46after that second reading then a third
3:38:48reading with a subsequent vote and then
3:38:50also lastly for the mayor's signature
3:38:52and or veto. It provides a opportunity
3:38:56at every step of the way to not only
3:38:58have council member and community input,
3:39:00but also that any type of information
3:39:03disclosure is not is only on the record
3:39:05and can be used in reference to any type
3:39:09of litigation that may happen and or
3:39:11come should that data center project go
3:39:13left. So, I'm going to stop there to see
3:39:16if there are any questions for you all.
3:39:18I know that um I don't think we're
3:39:20voting this out today, but I I look
3:39:22forward to having continued
3:39:24conversations about this particular
3:39:25bill. I know that it is not I know that
3:39:27this is this is a controvers you know a
3:39:29controversial bill. However, I think
3:39:31that we have to begin to talk about what
3:39:34this uh framework looks like, what the
3:39:36moratorum is actually doing and also how
3:39:39we as council members and our network
3:39:41and also with the advocates at the table
3:39:44can leverage transparency of this
3:39:46information being shared related to data
3:39:48centers in our city. Thank you.
3:39:51>> Thank you, Councilwoman. Um before I
3:39:53pass it over to um council pass the
3:39:57chair over to vice president Middleton
3:40:01um I will just reiterate um what you
3:40:03just said a moment ago. Uh Councilwoman
3:40:05Porter's office contacted
3:40:08uh me and I think Tony a couple of days
3:40:10ago and specifically said there should
3:40:13not be asking for a vote on this bill
3:40:15today. So, I just want to um make sure
3:40:19everybody here understands there's not
3:40:20going to be a vote on this bill today.
3:40:23Um,
3:40:25and
3:40:27I guess before I go, I want to just ask
3:40:29one question myself,
3:40:32>> you're saying you've said repeatedly
3:40:35that data centers are today permitted by
3:40:40right, but
3:40:42>> data centers are defined in the zoning
3:40:44code.
3:40:46as a specific use that is then not
3:40:49located
3:40:51in any of the zoning tables of the
3:40:54zoning code. And the rules of
3:40:58interpretation for the zoning code say
3:41:01clearly that a use that is not in the
3:41:04tables is not permitted.
3:41:06>> And so it's not permitted by right. It's
3:41:10not permitted at all today
3:41:14>> under the moratorum and the moratorum
3:41:17when it um lapses
3:41:21>> uh if not replaced by something uh prior
3:41:25to that then even strikes the
3:41:28definition. So [snorts] there's no
3:41:30definition even in the code. So
3:41:32>> yeah, I thought so too. But yesterday's
3:41:35um comment from Mr. So when when I
3:41:38specifically asked how these data
3:41:40centers got here, he mentioned that it
3:41:42was through office buildings coming into
3:41:44the city. And so again, I totally
3:41:47understand what you're saying as far as
3:41:49the definition, but they're still
3:41:50getting in away through a city through
3:41:52office buildings coming into the city
3:41:54without any public posting, without any
3:41:56community input. That was the point of
3:41:58the definition add being added to the
3:42:01moratorum though was that prior to the
3:42:03existence of the bill that established
3:42:05the moratorum, there was no definition
3:42:08of data center in the code and so they
3:42:11were being permitted as um an otherwise
3:42:14undefined use that was being sort of
3:42:18like uh sandwiched in or whatever under
3:42:21broader use categories like office
3:42:25building or something. But functionally
3:42:27>> and so now that's not possible.
3:42:29>> Functionally they are functionally
3:42:31they're they're
3:42:32>> they're they're functioning as a data
3:42:35center
3:42:35>> and so Mr. So, did you want to elaborate
3:42:37on
3:42:38>> maybe but
3:42:40>> but this we're talking about ones that
3:42:42were permitted before the moratorum and
3:42:45now that we have the moratorium and the
3:42:47definition it is not the case that they
3:42:49are permitted by right only ones that
3:42:51are already here are allowed to exist
3:42:54and anything that fits the definition of
3:42:57a data center uh that was established in
3:43:00the bill that also established the
3:43:02moratorum would not be permissible
3:43:04today. And so I just want to be clear
3:43:06about that they're not permittable by
3:43:08use. They're not permitted by right
3:43:09rather I mean there only there's no
3:43:12permitting of new data centers
3:43:14>> because we have a moratorum but I'm I'm
3:43:16speaking about before the moratorum.
3:43:18>> Okay.
3:43:18>> Yes.
3:43:18>> Okay. I will now hand it over to uh hand
3:43:22the chair over to Vice President
3:43:24Middleton. Thank you for taking it from
3:43:26here.
3:43:26>> Of course. Thank you. Any more questions
3:43:29to the sponsor before we uh move on to
3:43:35the agency reports?
3:43:39>> Yes, Councilman of the [clears throat]
3:43:4111th District.
3:43:42>> Yeah. Uh thank you, Councilwoman Porter.
3:43:44Um can you talk through, you know, in
3:43:47the we've been doing theformational
3:43:48hearings
3:43:49>> um and I certainly have been learning a
3:43:52lot over the course of these efforts.
3:43:55Um, can you just talk through um any any
3:43:59things that you might have identified
3:44:02since because I know it's been a couple
3:44:03months since you introduced this bill or
3:44:05things that I think we have the third
3:44:06hearing coming up at some point. How how
3:44:09>> theformational hearings are informing
3:44:12>> Yeah.
3:44:12>> your stance on all this?
3:44:13>> Yeah, and you're you're exactly right.
3:44:14So, theformational hearings are
3:44:16influencing kind of this bill this bill
3:44:18development. Um, one, we understand that
3:44:21zoning is going to be a critical issue
3:44:23um, for the localities to handle.
3:44:25Governor Moore just came out with his
3:44:27regulations for uh, data centers, I
3:44:29believe yesterday, to include a
3:44:31dashboard and a task force zoning, which
3:44:34is a primary um, which is a primary
3:44:36power of the localities is going to be
3:44:38ever most important. And so our use of
3:44:40the our zoning classifications and any
3:44:42type of conditional use aspects related
3:44:44to our zoning classifications are going
3:44:46to be ever most important. And I will
3:44:48tell you this, when we're looking at how
3:44:50the zoning classifications are being
3:44:52identified across the city, it's going
3:44:54to be even more important when we're
3:44:56talking about overburdensome of
3:44:58communities. Um, the burden that we're
3:45:00seeing in black and brown communities,
3:45:02it's going to be ever most important.
3:45:05>> Thank you, Councilwoman. Thank you,
3:45:06Madam Chair.
3:45:08>> No further questions. Thank you.
3:45:16Okay, starting with the law department.
3:45:20Thank you. Jeff Hawktler with the law
3:45:21department. Uh, as explained in law's
3:45:23report, the current uh drafting of the
3:45:26bill before the amendments, um, law had
3:45:28a number of concerns with uh, you know,
3:45:30including uh, improper delegation uh, to
3:45:33uh, Baltimore City Health Department um,
3:45:36in a way that sort of usurped the
3:45:37legislative role here. um some ambiguity
3:45:40in the uh terms and content of the
3:45:43health assessment um as well as sort of
3:45:45a you know conflict with the moratorum
3:45:47which has already been discussed.
3:45:53>> Excuse me. Excuse me. But if
3:45:57okay could you go to can I excuse me can
3:46:02there be some order here? Listen,
3:46:04please. If any of you have any question
3:46:07while we're going through this, go to
3:46:09the the officer or someone. You just
3:46:13don't stand up and speak out of order.
3:46:16This is like a court hearing. This is in
3:46:19the same. But don't please don't do that
3:46:22again. You can raise your hand. I can
3:46:25send somebody to you to ask what your
3:46:27question is, but you don't don't yell
3:46:30out like that. That's very that's
3:46:32impolite. And it's out of order.
3:46:35>> Yeah.
3:46:38>> Um the law department, can you um repeat
3:46:42what you said, please, and get just
3:46:45closer to the mic and maybe a little
3:46:47louder?
3:46:47>> Yes, co-chair Middleton. Uh is this is
3:46:50this better? Okay, great. Jeff Hawkeller
3:46:53with the law department. Um as explained
3:46:55in law's report, as written, the law
3:46:58department had a number of concerns with
3:46:59the bill uh before the amendments. uh
3:47:02including improper delegation to
3:47:04Baltimore City Health Department, some
3:47:06ambiguity in the terms of the health
3:47:08assessment um as well as conflict with
3:47:11the current moratorum. Um however, law
3:47:13is aware of the amendments proposed by
3:47:16or to be proposed by the sponsor uh and
3:47:19with those uh law can approve the bill
3:47:21for form and legal sufficiency.
3:47:29>> Good morning, Mara James, the Department
3:47:31of Finance. Um our initial bill report
3:47:34uh deferred to the planning commission.
3:47:36We have not seen the amendments to be
3:47:38able to assess any uh change of what
3:47:41would be happening there. Uh we
3:47:42understand that it shifts responsibility
3:47:45from the health department to the office
3:47:46sustainability. We would need to
3:47:47understand what capacity was there and
3:47:50how those impact um the other amendments
3:47:53impact the change to see if we would
3:47:55change our stance.
3:48:08Thank you. Uh, Madame Vice Chair Jason
3:48:11Wright representing DHCD. We stand
3:48:13behind our bill report of deferral to
3:48:15the Department of Planning.
3:48:22>> Good afternoon, uh, Madam Chair. Uh, the
3:48:24Baltimore Development Corporation, uh,
3:48:26diverse the planning commission in the
3:48:28report.
3:48:32Thank you, Madam Chair. We have no
3:48:34recommendation on this bill.
3:48:44>> Thank you, Madam Chair. Sunny Boyce for
3:48:46BMZA. Um, we had written our
3:48:49recommendation based on the the first
3:48:51reader and our initial concerns were
3:48:54related to um, subverting some of the
3:48:58board's independent judgment and and due
3:49:00process. And we understand that the um,
3:49:04councilwoman has made some proposals
3:49:06that data centers would now be um,
3:49:09conditional by ordinance, not by board.
3:49:12Um, we are still going to review those
3:49:15amendments. Um and we would also defer
3:49:18to to planning. We still have concerns
3:49:21about um determining the use um and the
3:49:25measurement for deter determining the
3:49:27capacity.
3:49:28>> Thank you. So most people are waiting
3:49:30for planning and now planning can speak.
3:49:35>> Thank you. uh Austin Davis Department of
3:49:37Planning and with regard to the original
3:49:39bill at its uh at the planning
3:49:41commission hearing uh on August 27th,
3:49:432026. The planning commission concurs
3:49:46with the recommendation of its
3:49:47departmental staff to adopt the findings
3:49:48and equity analysis outlined in the
3:49:50staff report with consideration to the
3:49:51bill and to disapprove the bill uh on uh
3:49:55data center zoning regulation until the
3:49:57impact study required under city council
3:49:59bill 26-058 is complete and returned to
3:50:01the council for with companion
3:50:02legislation anticipated for March 2027.
3:50:05With regard to the amendments, staff has
3:50:07had time to review them. And while many
3:50:09of the initial concerns from the
3:50:11commission were met, there is still the
3:50:14uh want to complete the impact study, I
3:50:16think it should be also stated that the
3:50:18commission did not disapprove or dislike
3:50:21the ideas of the health impact study and
3:50:23in fact they were allowed by the by the
3:50:26commission. But we would just prefer to
3:50:27have a little bit more time to finish
3:50:28the study and uh we can answer any
3:50:30questions on the timeline of that study
3:50:32or what has been completed thus far.
3:50:33Thank you.
3:50:34>> Thank you. And at this point it was
3:50:37mentioned earlier that we are not voting
3:50:41on this bill today. We are mainly going
3:50:44to take um testimony in person and we
3:50:49have I was told nine people online and
3:50:53of course we're going to start with the
3:50:55uh in-person [snorts]
3:50:57testimony and I'm going to kind of go
3:50:59down the list. Um three or four at a
3:51:02time can line up. Um, I apologize if I
3:51:06mispronounce your name wrong because I'm
3:51:08going by your handwriting.
3:51:12So, I'll start first with um the three
3:51:15people that can line up. And remember,
3:51:18you have two minutes and we have a
3:51:21number of in-person people if if they
3:51:24are still present. Um, and we'll start
3:51:27with Andrew Hines, Clara,
3:51:31um, Pel
3:51:35Kala, sorry, and Bobby Blank Blank.
3:51:42>> Okay.
3:51:45And Hillary Gonzalez.
3:51:49Okay. The first person come, you state
3:51:51your name and you have two minutes for
3:51:54your testimony.
3:51:57Good morning. My name is Andrew Hins. I
3:51:59am testifying as a Baltimore City
3:52:02taxpayer and rateayer. I live on 1400
3:52:05block of Park Avenue. Um I'm asking you
3:52:08to oppose.
3:52:08>> You can pull that up. You don't. Thanks.
3:52:10I'm asking you to oppose this bill and I
3:52:12I submitted written testimony to you but
3:52:15um so Jeffrey Epstein um has said that
3:52:19climate change is a good thing because
3:52:22it's going to be a forest fire that
3:52:25calls the population of the planet. When
3:52:27he said that he was speaking to a
3:52:29leading AI developer and that AI
3:52:32developer agreed with him and in that
3:52:34conversation the both of them agreed
3:52:36that fascism was the way that this could
3:52:38all come about. So, um, there are very
3:52:43powerful people with more money than
3:52:44than anybody else could imagine that are
3:52:47coming for us. They're coming for our
3:52:49water. They're coming for our air.
3:52:52They're coming for our jobs. They're
3:52:54coming for it all. They're coming for
3:52:56the very planet. And they have mass they
3:53:00are building mass surveillance weapons.
3:53:02And they're building drones that can
3:53:03kill us the minute we step out of our
3:53:05door. And against this onslaught, these
3:53:10people that are coming after us, this
3:53:12bill, with all due respect,
3:53:14Councilwoman, is a you're asking us to
3:53:17to defend ourselves with a flatter water
3:53:18with holes in it. Um, it just does not
3:53:21does not even come close to being enough
3:53:25to protect us from these evil people
3:53:27that want everything that we have. So,
3:53:31don't even vote on this bill. Um, the
3:53:34only explanation I can I can come up
3:53:37with for the logic in it is that it's a
3:53:39Trojan horse and um, it is somebody
3:53:43trying to to build a backdoor to get
3:53:46some data centers in here before uh, we
3:53:49realize that they want our whole city.
3:53:52They want our whole planet. Uh, we need
3:53:56to know what's going on.
3:53:59Okay. Before a data center comes here,
3:54:02um I I'll wrap up real quickly.
3:54:05Before it comes here, not only do we
3:54:07need to know they're not going to suck
3:54:08up all our air, electricity, water, make
3:54:10us sick, and make it too noisy, we need
3:54:12to know what they're building in there.
3:54:14If the data centers for defense
3:54:15purposes, mass surveillance, no, we're
3:54:18not going to have it. Thank you.
3:54:20>> Thank you,
3:54:20>> Madam Chair.
3:54:27>> Um you want to wait,
3:54:28>> Councilwoman? I'd rather hear all the
3:54:31testimony and then I'll give you an
3:54:33opportunity to comment from the various
3:54:36comments so we can keep the flow moving.
3:54:39>> Uh, in your Claire,
3:54:42>> are you Claire?
3:54:44>> I'm sorry.
3:54:45>> Are you Claire? I was the sec that was
3:54:48the second name I called.
3:54:49>> I'm sorry.
3:54:51>> Claire
3:54:52is she is Claire here? Oh, okay. We'll
3:54:55cross that off. Sorry. Go ahead.
3:54:58My name is Bobby Blazik. My name is
3:55:00Bobby Blizzick and I'll keep this short.
3:55:03I've lived in Baltimore for most of my
3:55:05life. Um,
3:55:08no matter where I go, this place will be
3:55:10my home.
3:55:12And data centers will be the end of
3:55:15that. And I know this.
3:55:18My parents work full-time. I live with
3:55:21them. and we can barely afford BG&E as
3:55:25it is now with data centers. This will
3:55:28only skyrocket.
3:55:30And so I'm asking and pleading for this
3:55:33council, though I know you're not voting
3:55:35on it right now, but to just dismiss it.
3:55:38We don't need it.
3:55:41And one more thing,
3:55:51you are taking our land, you are taking
3:55:53our water, and you are taking our money
3:55:56for things that we didn't ask for. So,
3:55:59please oppose this. Thank you.
3:56:04>> Hillary, are you Hillary? Go ahead,
3:56:06Hillary.
3:56:09Say your name.
3:56:11>> Good afternoon. My name is Hillary
3:56:12Gonzalez. I represent the People's Green
3:56:14Liberation Coalition. Um, I'd like to
3:56:17thank the chamber for allowing public
3:56:20testimony to go forth.
3:56:23While I've been listening to testimonies
3:56:25while I was looking over the bill, I
3:56:27kept asking myself one question. Why
3:56:29aren't we just strengthening the
3:56:30moratorum?
3:56:32As of this morning, I'd like to be put
3:56:33on the record that um over 8,400
3:56:37Baltimore City residents and voters have
3:56:39signed a petition to ban data centers in
3:56:42Baltimore City.
3:56:44I think that this bill does make the
3:56:46case that we need to at the very least
3:56:49extend the moratorum so that we can
3:56:51allow the study to actually go forward.
3:56:54And I do think that we need a ban of
3:56:56data centers in Baltimore City. That's
3:56:59all I have to say. Thank you so much.
3:57:06The next three people, Rachel Snatch,
3:57:08Emma Ayala, and Taylor Smith Hams.
3:57:16Are any of those people? Please come up.
3:57:20And who are which one are you?
3:57:22>> Uh, I'm Ayala.
3:57:23>> Go ahead. Pull You can pull that down to
3:57:26your Okay. All right. Hi, my name is
3:57:30Ayala and I'm here to oppose uh the
3:57:33bill. Um, as a digital artist and motion
3:57:36designer and an educator at Baltimore
3:57:39School for the Arts, I'm here to talk
3:57:41about how AI is impacting education and
3:57:44digital equity. Um, we actually got a
3:57:46new computer science teacher at BSA this
3:57:49year and within the first week of school
3:57:51he told our film students that chat GPT
3:57:53can write better scripts than them and
3:57:55he told our student our theater students
3:57:57that actors are going to be replaced by
3:57:59AI. I was not shocked to hear this
3:58:02because this is what the goal of these
3:58:04companies and venture capitalists is
3:58:08replacement and dependence.
3:58:11Um
3:58:13overall I would say this, you know, the
3:58:15data center like rushing this bill out
3:58:18before the moratorum um finishes
3:58:21corresponds with like other Baltimore
3:58:23city policies. For example, Baltimore
3:58:26City Schools, it it's the only school
3:58:29district in the state that is partnering
3:58:30with Open AI and not a lot of
3:58:32information was published about that um
3:58:35when that was announced. Uh two weeks
3:58:37ago, the Baltimore City Department of
3:58:40Information and Technology had a talk
3:58:43about um AI in education and the
3:58:47director of information and technology
3:58:51like virtual resources for Baltimore
3:58:53City Schools admitted that they were
3:58:56using AI. They're experimenting using AI
3:58:58for mediating um
3:59:02communication between teachers and
3:59:03students using mental health chat bots
3:59:06and generating up to 50% of IEPs.
3:59:11Um
3:59:13overall uh AI uh AI use corresponds with
3:59:18lower um scores in math, science and
3:59:21literacy across the world. Um and as a
3:59:25you know digital you know teacher a
3:59:28teacher of how kids you know teaching
3:59:30them to use computers I can also see the
3:59:34impacts of hard drives which have
3:59:37literally tripled in the past 9 months
3:59:40>> um because the companies are buying and
3:59:42hoarding materials. Digital equity is
3:59:45creating an environment where kids learn
3:59:47how to use computers in school and
3:59:49receive services from human teachers.
3:59:51Digital equity is a city where people
3:59:53get to own their computers and afford
3:59:56the electricity required to power them.
3:59:58It is not prioritiz prioritizing data
4:00:01centers which siphon wealth, water and
4:00:03electricity from our communities.
4:00:04>> Minutes I gave you extra
4:00:23Rachel Snatch and Taylor Smith Ham, are
4:00:27you still here?
4:00:30Moving forward, the next three, Haley
4:00:33Jacowski,
4:00:35Germaine Heeden, and Sarah
4:00:39O'Harn,
4:00:43and Alexander Smith Burton.
4:00:55Say your name. You have two minutes.
4:00:58>> My name is Haley Jarzinski. I'm a
4:00:59Baltimore City resident. I'm also a
4:01:01Baltimore City teacher and today's a
4:01:03school day. But God sent me here to take
4:01:06off work and educate y'all. AI data
4:01:09centers will kill the next generation.
4:01:11AI data centers will threaten the lives
4:01:14of our children. And I oppose your bill
4:01:17and this colonizer type of thinking. But
4:01:20before I get started, I want to
4:01:21acknowledge that I have the privilege to
4:01:22be here and to do this. And not everyone
4:01:24has that privilege today. I acknowledge
4:01:27that those that are not in the room, the
4:01:29children,
4:01:32everyone's voice deserves to be heard.
4:01:34We deserve equity of voice and holding a
4:01:36public hearing at 9:00 a.m. on a workday
4:01:38does not feel very accommodating to the
4:01:40working class of Baltimore City. I ask
4:01:42you to let me finish my entire speech as
4:01:45this is for the children. Mr. Dorsey
4:01:47spoke much longer than 10 minutes and I
4:01:49think everyone deserves their voice to
4:01:51be heard. I acknowledge those who have
4:01:53come before me, who are here with me
4:01:55today, the ancestors. I thank the waters
4:01:58around us and the waters within us that
4:02:00keep us alive, surviving, and thriving.
4:02:02The waters that feed our community for
4:02:04free. Water that is our God-given
4:02:06birthright. I acknowledge that this land
4:02:08that we are on is stolen land. This is
4:02:10the land of the Piscatoaway tribe.
4:02:13Today, I come to speak for the children
4:02:15because their verse deserves to be
4:02:16heard. AI data centers is a threat to
4:02:18the lives of Baltimore City youth and
4:02:20what you're proposing puts my students
4:02:22and Baltimore City youth at direct risk
4:02:24for harm. They deserve better and we can
4:02:26do better. You do not have consent to
4:02:29build AI data centers in Baltimore City.
4:02:31They take fresh, clean drinking water to
4:02:33cool down their machines. This is sacred
4:02:35water from the children just to power
4:02:37your machines. This is God-given
4:02:39resources, mind you, for the children.
4:02:41All to cool off your man-made stupid
4:02:43machines. James Baldwin said, "The
4:02:45children are always ours, every single
4:02:47one of them, all over the globe. And I'm
4:02:48beginning to suspect that whoever's
4:02:50incapable of recognizing this may be
4:02:52incapable of morality. If you support
4:02:54this bill, then I question your
4:02:55morality. Baltimore City does not play
4:02:57about our children." I want to know who
4:03:00gave you consent.
4:03:02Did you ask the children to take their
4:03:03freshwater reserves? Did you ask their
4:03:05parents what they need?
4:03:07>> Thank you. Could you wrap up, please?
4:03:09>> I'm offended that you limit me to two
4:03:11minutes.
4:03:13You can send in written testimony if you
4:03:16must, but yes, we you only have two
4:03:19minutes. Thank you.
4:03:30Are you Sarah? Are you Sarah? Go ahead.
4:03:34>> I'm Sarah O'Harn. I'm a member of the
4:03:36party for socialism.
4:03:38>> Wait. Yes. You can start over. My name
4:03:41is Sarah O'Harn. I'm a member of the
4:03:43Party for Socialism and Liberation, and
4:03:45I'm here to support the People's Green
4:03:47Liberation Coalition to demand a
4:03:49complete ban on AI data centers in
4:03:52Baltimore. Let's be clear what's
4:03:54happening here. A select few companies
4:03:56in a mad dash to secure their share of a
4:03:59speculative market are trying to
4:04:01convince the rest of us that what's in
4:04:03their interest is actually for the
4:04:05public good. Although proponents point
4:04:07to the hypothetical benefits data
4:04:09centers might bring to the community,
4:04:11these will remain empty promises so long
4:04:13as the ownership of AI infrastructure
4:04:15remains in the hands of a privileged
4:04:16few.
4:04:20Instead of using AI to serve people, its
4:04:22owners will use it to maximize profits.
4:04:24Whether that be by integrating into the
4:04:26war machine, by expanding the
4:04:27infrastructure for mass surveillance, or
4:04:29by automating jobs out of existence,
4:04:32Baltimore residents know these tactics
4:04:33all too well. For years, private
4:04:36developers have used similar arguments
4:04:37to portray naked land grabs in poorer,
4:04:40predominantly black neighborhoods as a
4:04:41public good. Whether it's a program that
4:04:43claims to cure urban blight, but
4:04:45actually expands Hopkins vast real
4:04:47estate holdings or these current pushes
4:04:49for data centers, the processes are the
4:04:51same. The benefits are privatized and
4:04:53the costs are borne by the public. And
4:04:55there will be costs to the communities.
4:04:58These data centers devour electricity
4:05:00and water and they spike demand and util
4:05:02utility cost by their existence. It's a
4:05:04slap in the face to the 300,000
4:05:07Baltimore residents who right now are
4:05:09struggling to pay their BGN bills. Data
4:05:12centers create air and noise pollution,
4:05:14threatening the physical and
4:05:16psychological well-being of those who
4:05:17live near them, as we've seen in
4:05:18Memphis. The solution is not to leave
4:05:21matters of life or death for Baltimore
4:05:22residents up to another study. The
4:05:25solution is not to set up formal
4:05:26roadblocks that slow but do not stop
4:05:29harms that data centers will inevitably
4:05:30cause within our communities. The only
4:05:33solution that can truly serve the public
4:05:35interest is an outright ban on data
4:05:38centers in Baltimore. Thank you,
4:05:44>> Jeremiah Hedon. Jer, I'm sorry. Is your
4:05:48last name Heden?
4:05:49>> Um, Alex Smith.
4:05:51>> Oh, you're Alex. Go ahead.
4:05:54Go ahead.
4:05:58>> Good afternoon. Pardon. [clears throat]
4:06:00Good afternoon, land use committee. I'm
4:06:02Alex Smith Burton, resident over west
4:06:04and student at Morgan State University.
4:06:09The purpose of this committee is to
4:06:10ensure the proposed policies and
4:06:12ordinances that shape our city are in
4:06:14the public's best interest. Each policy
4:06:16is presented to address a problem.
4:06:19I must ask the committee, what issue in
4:06:22the public interest does bill 26
4:06:250147
4:06:27uh address? [snorts]
4:06:29The arguments have been made that this
4:06:32bill will actually provide us
4:06:33protections,
4:06:35but I think that the only solution is an
4:06:38outright ban going forward.
4:06:42Now, the biggest question I have is that
4:06:46why are we having it so that the
4:06:48corporations are the ones who are
4:06:51deciding or doing these studies to tell
4:06:55us what's equitable? Would you go to a
4:06:57tobacco company to go and tell you if
4:07:01cigarettes are healthy? Would you go and
4:07:04reach out to oil companies and listen to
4:07:07their studies to know if climate change
4:07:11is real or not?
4:07:13Legislators have done this before and
4:07:15they have made that mistake of believing
4:07:18those studies when they rely on them. I
4:07:20think even if you just wanted to pose
4:07:24that you wanted to put on the community,
4:07:25you have these corporations fund the
4:07:27communities,
4:07:28but that's besides the point because I
4:07:30think an all-right b an all-right band
4:07:32is the only solution.
4:07:35Um raising temperatures in the city,
4:07:38have people dying constantly. Um and
4:07:41this will only add to that heat
4:07:43pollution, add to noise pollution. Um,
4:07:47it'll not make our our community safer.
4:07:52Um,
4:07:57the temporary financial benefit that is
4:08:00to be had is not worth what it will cost
4:08:02our citizens in the future.
4:08:05>> Thank you.
4:08:10And I'll go back. is Jeremiah Hedon.
4:08:15Okay, moving on. Now, this one is if I
4:08:20mess up, please forgive me. Um, Marie
4:08:24Marifa
4:08:26and the last name is AWS
4:08:30FA.
4:08:33>> Is that you? Come on up. I'm sorry. I
4:08:36You're writing.
4:08:39And before you start,
4:08:45And
4:08:48the last name is Salam.
4:08:53Is that person here?
4:08:55Oh, you want you can get behind them.
4:08:58And then there's another person. The
4:09:00last name is Patterson. Can't make out
4:09:03the first name.
4:09:07>> Um um the last name Patterson. Oh, okay.
4:09:10You can get behind.
4:09:14Oh, go ahead. Say your name and you got
4:09:16your two minutes.
4:09:17>> My name is Marielle Costa and first of
4:09:20all, I would like to start off with the
4:09:21fact that I live paycheck to paycheck
4:09:23and I've already missed seven hours of
4:09:26work to be here. But that's how much
4:09:28this issue means to me. And my first
4:09:30point is what are we still doing here?
4:09:32Honestly, like I don't know why we're
4:09:34still debating this when so many of us
4:09:36have already said how much we don't want
4:09:38data centers or anything related to data
4:09:40centers at all. And before before
4:09:43anybody because I've heard this
4:09:44counterpoint before before anybody
4:09:46starts saying like oh well you use a
4:09:47phone you use the internet checkbait let
4:09:51me just remind everybody that the first
4:09:53public network access computerve
4:09:56released in 1989 which was almost 40
4:09:59years ago the first version of chat GBT
4:10:02released in November 2022
4:10:05so it's been less than five years for
4:10:08this this technology to be shoved into
4:10:11every part of our lives. even though we
4:10:13don't want it. Okay,
4:10:16see people agree with me.
4:10:19So, it's
4:10:22just it's just being slammed into us. We
4:10:24don't want it. I don't know how much all
4:10:26of you are enjoying your little backdoor
4:10:28checks over there.
4:10:31[laughter]
4:10:33But we do not want this. And also
4:10:36anybody that has kids, I want you to
4:10:39look into their eyes later today and
4:10:41really think to yourself, am I willing
4:10:43to put the future of this kid with less
4:10:46clean air, less clean water, less
4:10:49natural environments, all that? Why
4:10:51don't we just be like Calbert County and
4:10:53just ban data centers altogether? Huh?
4:10:55Why haven't we done that yet? Because we
4:10:57should.
4:11:01And yeah, I'll leave it to everybody
4:11:03else. I hope you take my words into
4:11:06mind. I dyed my hair last night so you
4:11:07can remember my face and what I said.
4:11:10Thank you.
4:11:19>> Next.
4:11:20>> All right.
4:11:22Okay. Thank you. Good afternoon,
4:11:23everyone. My name is Dustin Branch. Uh
4:11:25I'm here to testify on behalf of the
4:11:27Chesapeake Climate Action Network Action
4:11:29Fund. Uh for the past year, I've seen
4:11:32and met more and more people rising up
4:11:34and joining in the political process,
4:11:36including many um here for the first
4:11:39time uh to oppose these polluting data
4:11:42centers that are taking advantage of
4:11:45their communities. And it's not hard to
4:11:47see why. Uh just as this room and
4:11:50several others were packed to capacity
4:11:52from the start of this morning almost
4:11:54five hours ago, I saw at least 200
4:11:57people uh not just people that that I've
4:11:59met through the course of my work um but
4:12:01people who are just like me who are
4:12:04overburdened by a cost of living crisis
4:12:07uh that is created by the very same
4:12:09crypto surveillance class that is
4:12:12pushing these data centers uh into our
4:12:15communities and in order to capture more
4:12:18and more market share. Uh here in
4:12:20Baltimore, flock surveillance is here.
4:12:23Uh Peter Teal's uh Palunteer has a
4:12:26contract at a an institution here in the
4:12:30city uh for the most part. Um all I can
4:12:34see there in terms of their
4:12:35contributions is how much they can
4:12:37extract and control uh from people like
4:12:40us. And after using many of these
4:12:42technologies to oppress others overseas,
4:12:45their sights have now turned towards our
4:12:47shores. So we have an opportunity to
4:12:50support the people who have always been
4:12:52here for nearly 300 years. People who
4:12:55are poor, who are disabled, and
4:12:57workingclass Baltimoreans who have built
4:12:59this city uh brick by brick and block by
4:13:02block. So that is why I am and we are
4:13:06proud to be here and support the
4:13:08grassroots advocates who are calling for
4:13:10a ban on data centers here in Baltimore
4:13:12City. Thank you.
4:13:13>> Thank you.
4:13:19>> And your is your first name
4:13:21>> Babatu Babatud?
4:13:23>> Yes. Okay. Close. Babatunde.
4:13:26>> Okay.
4:13:26>> Uh so hi everyone. I'm a resident of
4:13:30Baltimore and an IBW local 24
4:13:32electrician. Uh I just want to second I
4:13:35mean obviously a lot of great points
4:13:37prior to me. Um just from the
4:13:39feasibility size electrician I think
4:13:42it's interesting that we're talking
4:13:43about uh providing pathways towards data
4:13:47center development possibly uh when
4:13:49Maryland imports in 40% of our energy.
4:13:52uh our infrastructure in many places is
4:13:55over 100 years old and so feasibly it
4:13:58doesn't seem logical for us to put
4:14:00additional strain. I think a lot of
4:14:02times we don't make the distinction
4:14:03between hypers scale data centers and
4:14:06the current ones that already exist
4:14:07within Baltimore City and I think that
4:14:09is a very poor oversight. Um
4:14:12hyperscalers uh they take up the power
4:14:15of 80,000 100,000 homes. Uh that's
4:14:17[snorts] not anywhere near what we
4:14:19currently have on the system in the
4:14:20grid. Um, obviously I think we all are
4:14:23concerned about having a grid that
4:14:25works, that's functional. And I think
4:14:27overall what I'm hearing just from the
4:14:29people who are coming here is that the
4:14:32residents of Baltimore want control over
4:14:34their communities. They want to be able
4:14:36to say that they have ownership. Whether
4:14:38that's the reasoning and whether that's
4:14:40in Harford County, I mean Harford Road
4:14:42or just in general, we want the
4:14:45community to have some control over
4:14:46what's happening. and residents clearly
4:14:49are seeing that what actually has
4:14:51control in the city is developers and
4:14:54tech companies whether that's Palunteer
4:14:56whether that's Exxon whether that's
4:14:58Flock and I think that's a that's really
4:15:00truly it speaks to the erosion of the
4:15:03democracy or or the the fact that there
4:15:05isn't one at all and I think ultimately
4:15:07what we're talking about here is that we
4:15:09have a city where 25% of our young men
4:15:12specifically black black men and others
4:15:15right are not working but yet we're
4:15:17talking about again something to enrich
4:15:20uh the shareholders of Wall Street.
4:15:21Thank you.
4:15:23>> Thank you.
4:15:28>> And sorry I didn't say your first name.
4:15:31I couldn't understand your writing.
4:15:33>> Amaya. Amaya.
4:15:35>> Okay.
4:15:35>> Yes.
4:15:36>> Amaya Patterson.
4:15:38>> Good afternoon. My name is Amaya
4:15:40Patterson. I'm a senior marketing major
4:15:42at the illustrious Morgan State
4:15:43University representing National Council
4:15:45of Negro Women in CNW. Allow me to get
4:15:48straight to the point. Data centers are
4:15:50the perfect example of environmental
4:15:52racism. Data centers are usually built
4:15:54in lowincome/wearown communities and if
4:15:57they are built amongst the middle class,
4:15:58that doesn't negate the fact that they
4:16:00continue to use gallons of water and
4:16:02energy needed for those that live around
4:16:03them. Pew Research Center categories
4:16:06categorized 87% of data centers already
4:16:08operating in urban areas right now and
4:16:10while 67% of planned ones are to come in
4:16:13rural rural areas and the Congressional
4:16:16Research Service July 21 on July 31st
4:16:192026 report confirms the US data centers
4:16:23directly consume approximately 17.4
4:16:26billion gallons of water already in 2023
4:16:29more than triple the 5.6 billion gallons
4:16:31consumed in 2014. These centers will
4:16:34continue to use clean free water until
4:16:36there is none left and companies will
4:16:38take that opportunity and capitalize off
4:16:40of it, paywalling it. Marylander's grid
4:16:43energy grid is severely fragile already.
4:16:45Building these facilities put pressure
4:16:46on such a grid and increase electricity
4:16:48bills for residents.
4:16:51These [snorts] data centers make money
4:16:52for private companies while residents
4:16:54bear the consequences such as higher
4:16:56electricity bills, less clean, cheap, or
4:16:58free water, and noise pollution, which
4:17:01causes hearing loss, sleep loss, amongst
4:17:03many other negative effects. Data
4:17:05centers aren't just controversial.
4:17:07They're damaging, and they're
4:17:08destructive to everything around them.
4:17:12I am here to ban I'm here to oppose this
4:17:15and I suggest a ban for building these
4:17:17completely in Maryland. Private
4:17:19companies that need these should use the
4:17:21millions and billions of dollars that
4:17:23they already have to place them far away
4:17:25from anyone around them. They should use
4:17:27their own money to pay for them.
4:17:29Baltimore councilmen and women, please
4:17:32stand firm in what your community needs
4:17:35instead of individualized wants and fear
4:17:38of push back from federal standpoints.
4:17:41Thank you. Thank you.
4:17:49You were you were two minutes right on
4:17:51the nose.
4:17:53Um the next three Noela Whitney
4:17:57um Kellis Baker
4:18:00Galiz. Okay, come on up behind her.
4:18:04Rachel, uh Godson Christina
4:18:09Lumsdy.
4:18:13All right, you're on. Thank you.
4:18:18>> Uh, do I have to hit a button or
4:18:19anything?
4:18:20>> Nope, it's already [clears throat]
4:18:21pushed. Looks like that red.
4:18:24>> All right. Uh, my name is Noella Whitney
4:18:26and I'm a resident of the Laurville area
4:18:28and I'm against any data center
4:18:30development. This goes beyond nimiism,
4:18:32not in my backyardism, as I'm also an
4:18:34electrician apprentice from IBW Local
4:18:3724, the Baltimore chapter of the
4:18:39strongest electrician union in the
4:18:41country. So, I fully understand the
4:18:43economic benefits of these projects.
4:18:45Many of my union brothers and sisters
4:18:47also understand these same benefits.
4:18:49Yet, nearly every single one I know are
4:18:51still against them and refuse to work on
4:18:53them because they understand what's at
4:18:54stake. First, the grid. There was a
4:18:5710-minute East Coast brown out this
4:18:59summer because of our power because our
4:19:01power grid is connected from Chicago to
4:19:02New Jersey to Virginia. And I'm not sure
4:19:04if you're aware, but data centers use
4:19:06massive diesel generators as backup
4:19:08power if their main utility supply isn't
4:19:10enough. When those generators turned on
4:19:12all across Lowden County, the world
4:19:14epicenter for data centers sent a
4:19:16massive cloud of diesel emissions across
4:19:18the eastern Virginia that you could see
4:19:20with your naked eye. So you have a
4:19:22twofold effect here. Not enough power
4:19:23directly causing toxic air. On top of
4:19:26that, one of the larger areas up for
4:19:28discussion in this bill is the largest
4:19:30unbroken expanse of trees in eastern
4:19:32Baltimore, the lower end of Herring Run,
4:19:34where I take my dog to run, which which
4:19:37filters and fixes the polluted air. So
4:19:39it becomes a double whammy of adding
4:19:41pollution and removing rejuvenation
4:19:43capacity. Next, water. Living near Lake
4:19:46Wabell means that I will be a recipient
4:19:48of the Susuana River water supplement to
4:19:51my current supply from the city's normal
4:19:53lock raven supply in response to the
4:19:55drought. The city has stated that there
4:19:57will be no difference in quality. But
4:19:58how can you promise that despite meeting
4:20:00the same drinkability standards when
4:20:02there is no promise it will look, taste,
4:20:04or smell the same? And remember this is
4:20:07just a drought when there are not many
4:20:09data centers already present. So to
4:20:11supply these data centers, we will have
4:20:13to deliver this water also to the west
4:20:15side and lower the water quality for the
4:20:17rest of the city as they suck up our
4:20:18clean reservoir water. Constructed data
4:20:21constructing data centers affects our
4:20:22communities even if they are far from
4:20:24where people make their homes. Air,
4:20:26power, and water. Three things that do
4:20:28not obey borders. And also three things
4:20:30people need to survive. No moratorum, no
4:20:33stricter guidelines. No more. Period.
4:20:36Thank you.
4:20:37>> Thank you.
4:20:44>> Baker.
4:20:46>> Baker.
4:20:47>> Yes.
4:20:48>> Hi, my name is Kalis Baker. Um,
4:20:52I've been a citizen of Baltimore City
4:20:54for
4:20:56>> Oh, my bad. I apologize.
4:20:59>> It's a little hard with this mask on.
4:21:01Um, I do not see how data centers can be
4:21:04beneficial for Maryland citizens,
4:21:06period. And please, for the love of God,
4:21:09don't say it's going to help with jobs.
4:21:12It's not. We could put that to better
4:21:14usage with the construction for the
4:21:16houses in Baltimore instead, or harm
4:21:18reduction facilities instead, but
4:21:22it's destroying everything. It's going
4:21:24to destroy everything. I constantly
4:21:26think about what tomorrow is going to
4:21:28look like, what the water is going to
4:21:29run out looking out of my faucet,
4:21:31knowing that our water will inevitably
4:21:34end up looking like Flint, Michigan's
4:21:35water. And their water still has not
4:21:37been fixed, and it's been over 10 years.
4:21:39For us, this is a way of life, and it's
4:21:42a constant worry that we're going to
4:21:45wake up and know that we can't go
4:21:47outside. We've had the sky be orange
4:21:51multiple times this year and last year,
4:21:53and that's from wildfires. But you get
4:21:56my point. John Hopkins has already
4:21:58invested over 196 million in the
4:22:01development of data centers. I don't
4:22:03understand how a facility that is meant
4:22:04to benefit in our health, how we are
4:22:07supposed to trust a facility with our
4:22:10health information, our data, knowing
4:22:13that they are purposefully going against
4:22:15what we need. The ecological impact
4:22:18alone is is going to be irreversible.
4:22:21It's going to destroy so many cycles.
4:22:24It's going to make sure that it's going
4:22:26to disturb, excuse me, I'm sorry, I'm a
4:22:29little nervous. It's going to exceed
4:22:31noise pollution by 90 dB and water
4:22:34pollution. Water that is going to no
4:22:35longer be reused or recycled. It gets to
4:22:38three other creatures before it gets to
4:22:39us. But after it gets to a data center,
4:22:41it's so chemically irreversibly changed
4:22:44that it can no longer be used. And
4:22:45freshwater's already a finite resource.
4:22:54I don't I don't understand how we could
4:22:57keep going over something that is
4:22:59clearly not meant for people and not
4:23:00meant to benefit the people that is
4:23:02going to be affected by it. Please don't
4:23:05pass this. It's already being
4:23:06implemented. 17 planned data centers are
4:23:09already being implemented. Please.
4:23:11>> Thank you.
4:23:19Rachel,
4:23:21you're on.
4:23:21>> Hi, I'm Rachel Gadson. Um, I am a
4:23:24Baltimore City homeowner and an
4:23:26organizer with Baltimore Public Power. I
4:23:28think people have covered the reasons
4:23:31that we don't want data centers in
4:23:32Baltimore really well. Um, and you know
4:23:34that we already see through this bill,
4:23:37uh, and the idea that it's going to
4:23:39somehow protect residents. But I want to
4:23:41put the bill in the context of
4:23:42Baltimore's industrial history. In 1989,
4:23:45Baltimore approved a brand new
4:23:47state-of-the-art facility that was
4:23:49supposed to solve all kinds of problems.
4:23:51Mayor Schmoke was one of its biggest
4:23:53advocates, regurgitating industry
4:23:55talking points about how it was going to
4:23:56make Baltimore's air cleaner, and city
4:23:58council bulldozed through opposition
4:24:00from residents because the facility was
4:24:02considered necessary. However, they
4:24:06promised a whole bunch of safeguards in
4:24:07the ordinance, including a community
4:24:09advisory board and air quality
4:24:11monitoring and improvement funded by the
4:24:14operators. Since then, the nation's
4:24:17largest medical waste incinerator has
4:24:19been operating in South Baltimore. In
4:24:21the years after it was built, residents
4:24:23watched as city council capitulated to
4:24:25the facility over and over, striking the
4:24:28air monitoring and funding requirements,
4:24:30giving up their oversight powers,
4:24:32striking the import limitations, and
4:24:34then expanding them again because the
4:24:36facility wasn't making enough money. It
4:24:38doesn't seem like the community liaison
4:24:40board was ever even created, but they
4:24:42scratched that requirement, too. So,
4:24:45it's become painfully obvious in recent
4:24:47years. We ended up with another
4:24:49unaccountable poller in an already
4:24:51overburdened area and a revolving door
4:24:54of corporations and investors and
4:24:56limited partnerships and DBAs that
4:24:58ensure that the facility keeps operating
4:25:00and polluting no matter how many massive
4:25:03fines and lawsuits it faces. Not to
4:25:05mention a city council that I can only
4:25:07imagine gets tired of industrial
4:25:10disasters they have no power to stop.
4:25:12Looking back, it's obvious that a few
4:25:14advocates were able to enrich themselves
4:25:16at the cost of generations of residents,
4:25:18like the major shareholder who also
4:25:20worked in the governor's office. And the
4:25:22histories that are being written now are
4:25:24not kind to them. I'd just like you all
4:25:26to keep that in mind. Less sentence
4:25:28promise. History will not be kind to
4:25:30those who sell out their communities and
4:25:32our environment in pursuit of the next
4:25:35big thing. No matter how much rhetoric
4:25:37about community health impacts you
4:25:38employ, we don't want leaders who are
4:25:41going to put a few speed bumps in the
4:25:42road. We want leaders who are brave
4:25:44enough to use spikes. Thank you,
4:25:50>> Christian. Christian.
4:25:52>> Christian,
4:25:54>> you're all
4:25:55>> Hello.
4:25:56>> Um, well, I'm really heartened to see
4:25:59all the people here today.
4:26:01>> Say your name again.
4:26:02>> My name is Christian. Christian L.
4:26:04>> London. Okay. Um, I'm really heartened
4:26:06to see all the people here today. Uh,
4:26:09all of whom seem deeply concerned about
4:26:11integrity and well-being. And I was
4:26:14wondering if I could see a show of hands
4:26:16of who is who thinks data centers are a
4:26:18good thing as they stand right now. I'm
4:26:20making these things.
4:26:21>> We're here to listen to you. So can't
4:26:23ask can't ask questions.
4:26:25>> Okay. Well,
4:26:28um,
4:26:30I guess I share a lot of the opinions
4:26:32that everybody's already shared, so I'm
4:26:33not going to speak on the environmental
4:26:34impacts of these things. I think that
4:26:37real academic studies will bear that
4:26:39out. I do not think industry studies
4:26:41will bear that out. And I think there's
4:26:43an extensive history of industry groups
4:26:46providing and paying for their own
4:26:47studies used as propaganda with millions
4:26:50of dollars behind them distributed to
4:26:52local municipalities against the public
4:26:54well-being. Tobacco institutes fracking.
4:26:58Remember when we had fracking and people
4:26:59said, "Hey, it's going to make all these
4:27:00jobs. We're going to come in and all you
4:27:02bring all this wealth to your economy."
4:27:03And what happened was clear-cut
4:27:05mountaintops, chemicals in our water
4:27:08supply, and workers from out of town who
4:27:11came and left with all the money. And a
4:27:13couple people got rich off of it. And
4:27:15this is the same mentality that the
4:27:18people driving this boat have. If you've
4:27:20read Frankenstein,
4:27:22you know the story of a guy who thought
4:27:23that his well-being and his mission was
4:27:26more important than the consent of
4:27:28anyone else. And in isolation, he was
4:27:31able to do that. It wasn't a story about
4:27:33a monster. It was a story about a man
4:27:35who was unchecked.
4:27:38These people, all you have to do is look
4:27:40at what they've written. People like
4:27:41Peter Teal for the last two decades has
4:27:45been in his musings writing about the
4:27:47transcendence of himself and people like
4:27:50him. He does not care about you.
4:27:54You are only useful to these people as
4:27:57far as you will help them in their
4:27:59agenda. And right now we don't have to
4:28:02go far to see what these are going to be
4:28:04used for.
4:28:06They are already being used for mass
4:28:08surveillance. They are already being
4:28:10used
4:28:12against us.
4:28:13>> Thank you.
4:28:15>> Thank you.
4:28:19>> The next three um Michael Span, [snorts]
4:28:24Sequin Merritt,
4:28:26and Jamar Lloyd.
4:28:37How [clears throat] you doing today?
4:28:39>> Hi, you're Dane.
4:28:40>> Um, I'm Michael Span and um, just want
4:28:43to talk about data centers real quick.
4:28:45So, imagine living in a community where
4:28:47you live for generations. A community
4:28:49that has treated you right, gave you a
4:28:50sense of familiar uh, familiarity and a
4:28:53place you call home. Now, imagine that
4:28:56same community being ransacked. parks,
4:28:58schools, green spaces, and homes all
4:29:00being torn down. You hope it's for the
4:29:03best. You hope your city is trying to
4:29:04take care of you, and you hope it's for
4:29:06the greater good. But then you begin to
4:29:08notice your water changing color, your
4:29:10power running out, your food being
4:29:12unsafe to eat, your air being unre
4:29:15breathable, and the constant noise
4:29:17disrupting your sleep. This is the stark
4:29:20reality. This is when the star reality
4:29:22begins to set in that that the community
4:29:24that you once called home is being torn
4:29:26down and uh [clears throat] becoming
4:29:29uninhabitable.
4:29:31You like majority of Americans live
4:29:33paycheck to paycheck, can't afford to
4:29:35leave to flee these conditions and
4:29:37instead you are forced to bear the brunt
4:29:39of this man-made environmental
4:29:41catastrophe.
4:29:43>> [clears throat]
4:29:43>> watching your health decline, watching
4:29:45your community poison, and feeling
4:29:47helpless in this new age while your
4:29:49rent, grocery, and lively expenses
4:29:52continue to rise.
4:29:54[clears throat]
4:29:56We the people here have gathered to say
4:29:58no. No to data centers, no to poison our
4:30:01communities, and uh no to environmental
4:30:04racism. We don't want a moratorum. We
4:30:07don't want a task force. We want these
4:30:08data centers banned and we want all
4:30:11building and operations of data centers
4:30:13to to cease.
4:30:15[clears throat] To the council, I'm sure
4:30:17you are aware of the risks that that are
4:30:19in place uh for building the for
4:30:21building these data centers. I must ask
4:30:24you, how in good conscious can you
4:30:27approve the building of more data
4:30:28centers? How can you in good conscious
4:30:31approve a bill that will send hundreds
4:30:34and thousands to an early grave? How can
4:30:37you in good conscience willingly poison
4:30:40the very community that you have been
4:30:42elected to protect?
4:30:44>> Wrap [clears throat] up.
4:30:45>> I've got one more line. If it were you,
4:30:49your mother, your grandmother, your
4:30:52children, would you still have the goal
4:30:54to support these bills? I want to leave
4:30:57you with that question and thank you for
4:30:59your time.
4:31:00>> Thank you.
4:31:02Merritt or Louie?
4:31:05Merritt or Lloyd?
4:31:08You're Lloyd.
4:31:09>> Yeah.
4:31:09>> Okay.
4:31:10>> Hi, my name is Joe Mar Lloyd. Um I'm an
4:31:12organizer with Food and Water Watch here
4:31:15representing around 16,000 members that
4:31:16we have in Baltimore City. Um just
4:31:19quickly I want to say I've been working
4:31:20on environmental and water policy issues
4:31:22in Baltimore since I was a student at
4:31:24Morgate University. So about 6 years
4:31:26now. I've never seen this room so full.
4:31:29I didn't even know there was a balcony
4:31:30upstairs. Um I've never seen a line so
4:31:33long. People care about this issue.
4:31:35People are worried about data centers.
4:31:38Um, I won't repeat too much of too much
4:31:39of what has already been said. Um, I do
4:31:42want to say that I am very fearful of
4:31:45data centers being a scapegoat or a way
4:31:48to bring in more
4:31:50gas and diesel fuel plants. Um, we know
4:31:53they use a lot of energy and they want
4:31:54to use dirty energy to do it. In a city
4:31:57like Baltimore where we already have the
4:31:59Brco trash incinerator and CSX coal
4:32:01terminal, we don't need any more air
4:32:03pollution. Uh, point blank in period.
4:32:06Um, diesel fuel also poses a threat to
4:32:09our water. Just last week in New Jersey,
4:32:12a diesel generator which was being used
4:32:14to power a gas plant spilled 5,000
4:32:16gallons of fuel into a local creek that
4:32:19is used as drinking water.
4:32:22Um, we appreciate the moratorum. We also
4:32:25appreciate this bill trying to restrict
4:32:26data centers, but we don't think it goes
4:32:28far enough. We need a longer moratorum.
4:32:30We need a ban. We need to study how data
4:32:33centers can be implemented without
4:32:35having negative effects on our
4:32:36environment, our health, um, and more
4:32:39important and very importantly um, you
4:32:41know, our wallets. If we do these
4:32:43studies, conduct these studies, take the
4:32:45time to actually do them in depth and
4:32:47find out that we can't implement data
4:32:48centers without these negative effects,
4:32:50then maybe we don't need them at all.
4:32:51Thank you.
4:32:57Okay, moving on. The next uh four or
4:33:00five, I'll just say your last names.
4:33:02Galante,
4:33:04Gibbs,
4:33:06Watkins.
4:33:09Um I guess it's Zekes,
4:33:14Black Zeites,
4:33:16first name Ashley.
4:33:18Um, and then
4:33:21Dezel,
4:33:22Desatel is the last name.
4:33:26If you could all stand.
4:33:28>> Okay, if stand, you can uh get in line
4:33:31if I kind of said your last name. I
4:33:35apologize again. I'm looking at the
4:33:37writing.
4:33:40>> Go ahead and Doesn't matter. Just state
4:33:41your name for the record.
4:33:43>> Absolutely. Um, my name is Dia Gibbs and
4:33:45I want to start using a little bit of my
4:33:47two minutes to say that, you know, uh,
4:33:49community residents come here to be
4:33:51heard and seen and to be involved in our
4:33:53the decisions affecting us. Um, and some
4:33:56of the, uh, I don't know, dismissal or
4:33:59attitudes of our elected advocates has
4:34:02been very disappointing today. But with
4:34:03that being said, um, good afternoon. My
4:34:07concern today is bigger than whether the
4:34:08ordinance creates a process. My concern
4:34:10is who holds the power at the end of
4:34:12that process. I've done my research and
4:34:14I have read this bill and while I do
4:34:16appreciate what you are attempting to
4:34:18do, um, we can require a health equity
4:34:22assessment. We can require hearings, we
4:34:24can require community input. But after
4:34:26that assessment is completed and the
4:34:28community has spoken, who actually gets
4:34:29to make the decision? Because the people
4:34:31who have to live next to these
4:34:32facilities, breathe the air, experience
4:34:34the strain on their communities, and
4:34:36live with whatever consequences that we
4:34:38don't even that we aren't even aware of
4:34:4020 years down the line, they are not the
4:34:42people that necessarily get the final
4:34:43say. And history gives marginalized,
4:34:45specifically black and brown communities
4:34:48every reason to question that. For
4:34:50generations, our our neighborhoods has
4:34:51been treated as acceptable sacrifices
4:34:53for society's advancements. Highways had
4:34:56to go somewhere. Industries had to go
4:34:57somewhere. Polluting infrastructure had
4:34:59to go somewhere. And somehow black
4:35:01communities, specifically in Baltimore,
4:35:03is always that somewhere. Um Baltimore
4:35:05has asked black communities to sacrifice
4:35:08for society's advancements before. When
4:35:11the city wanted to build a highway and
4:35:12the richer, whiter neighborhoods
4:35:14declined, this was in the 1970s. Um it
4:35:17was proposed to black neighborhoods
4:35:19where we just as we are doing right now,
4:35:21we said that we were opposed to it. And
4:35:23after three community meetings, 971
4:35:26homes and 62 businesses were destroyed
4:35:28and roughly 1500 residents were
4:35:30displaced in West Baltimore. And after
4:35:32all that, all of that ignoring us and
4:35:36destruction, we got 1.4 miles that we
4:35:39literally called the highway to nowhere.
4:35:42Um, so forgive us. Thank you. So forgive
4:35:45us if a process that allows us to speak
4:35:47but doesn't allow us to side doesn't
4:35:49make us feel protected. So when we are
4:35:51told that this this is a time where that
4:35:54this time there will be a process, I
4:35:55have to ask does that process actually
4:35:57give communities power or does it simply
4:35:59give us an opportunity to speak before
4:36:01someone else dictates what will affect
4:36:02us? If a health equity assessment tells
4:36:05us that a project could harm a
4:36:06community, can that community say no? If
4:36:08residents overwhelmingly oppose that
4:36:11data center, will it still be built? And
4:36:14when economic development and health of
4:36:16Baltimore residents are placed on
4:36:18opposite sides of the scale, what in the
4:36:20legislation guarantees that our people
4:36:21will outweigh the profit? I am wrapping
4:36:23up. Baltimore has the opportunity to do
4:36:25something different. But doing something
4:36:27different means more than just studying
4:36:29equity. It means giving people who carry
4:36:31the consequences meeting for power over
4:36:33the decision, even if that decision
4:36:34hurts pockets or is a pain in the asses
4:36:37that are usually kissed. Thank you.
4:36:44Step on up. Keep it moving. State your
4:36:46name and you have your two minutes.
4:36:49>> Hey, my name is Mars Tamara. I've been,
4:36:51you know, here for about 5 hours, so I'm
4:36:53pretty hungry at this point. But um
4:36:55>> Wait, what is your name?
4:36:56>> Mars Tamara. I I was on the third entry
4:36:59of the first page, so I imagine that I
4:37:01was skipped.
4:37:02>> We're late. Okay,
4:37:05>> go ahead.
4:37:07>> Okay, so hello everyone. As I said, my
4:37:09name is Mars Tamara MSW. So, I want to
4:37:13bring up something very clear. The idea
4:37:16that we can have any sort of health
4:37:18equity with regards to data centers is
4:37:20far in so far that there is nothing
4:37:22acceptable about the health risks of
4:37:24data centers. We need a fullon total ban
4:37:27because this stuff is awful. I'm going
4:37:30to bring up a topic that's going to make
4:37:31people uncomfortable. We are living
4:37:33under an AI data or pardon AI data
4:37:36center economic bubble and we don't know
4:37:38when this thing is going to collapse.
4:37:40But we know something for certain. You
4:37:42have companies that are trying to buy
4:37:43out silicon chips from companies like
4:37:45Nvidia, right? Staking their future in
4:37:4810 years on it. But what happens when
4:37:50that stops? What happens when the
4:37:52investors pull out?
4:37:54Everyone rushes out. Every data center
4:37:57built is going to be abandoned. And soon
4:38:00you're going to have bleached bones and
4:38:01rotting carcasses of a bunch of
4:38:02facilities that are just constructed to
4:38:04catch a hype, to catch a phase. And then
4:38:08immediately we have to strip out the
4:38:10copper wiring from them. We have to deal
4:38:12with all the economic and environmental
4:38:13impacts of them. And then we have to pay
4:38:15for them as the citizens of Baltimore.
4:38:18There's nothing sustainable about this.
4:38:21There is nothing healthy about draining
4:38:23our lakes and revos for the sake of
4:38:27powering something that's going to live
4:38:28for three years before it's taken down.
4:38:34This is all to say
4:38:36this is screwed up. Nothing about this
4:38:39is good for our world. Not the uses of
4:38:42data centers. Well, that's meant to bomb
4:38:44people or to act on farical arrest
4:38:49warrants.
4:38:51Not the way that we're using the water
4:38:53for data centers. Not the way that we're
4:38:55using electricity for data centers, the
4:38:57way we're driving up the bills of people
4:38:59who might be relying on life-saving
4:39:01medical equipment.
4:39:03This is all a sham
4:39:05and it's disgusting. So, I ask that you
4:39:08please,
4:39:10please kindly ban data centers. Thank
4:39:14you.
4:39:20Hi, my name is Ted Eckleston. I
4:39:22submitted written testimony, but I was
4:39:24only able to get here about 40 minutes
4:39:26ago. Eckleston,
4:39:27>> what is your name?
4:39:28>> Eckleston. Ted Eckleston.
4:39:30>> Oh, go ahead.
4:39:31>> Yeah. All right. Thank you. Uh, hi.
4:39:33Thank you so much. Um, I do want to just
4:39:35make something clear here that um, we do
4:39:38believe, many of us believe, I'll speak
4:39:40for myself, that Councilwoman Porter's
4:39:42bill is an important step in this
4:39:45conversation about trying to understand
4:39:47the impacts of these data centers. But
4:39:49we, many of us, as you've heard today,
4:39:51believe that we should just put Thank
4:39:54you. ban them. Put our our energy into
4:39:57writing the right legislation to ban
4:39:59them as a city. become a a national uh
4:40:03image for a city that is willing to take
4:40:05a stand against this and put the
4:40:07creative legislation together to
4:40:09actually ban them and then maybe bring
4:40:10that to the governor because apparently
4:40:12he is flipping his his tone on data
4:40:15centers. We have an opportunity to
4:40:18actually listen to the citizens of this
4:40:21city who are asking for you all the this
4:40:24committee and the city council to ban
4:40:26data centers in this city. They're going
4:40:28to go along the Jones falls, along
4:40:30Herring Run. They're not going to
4:40:31produce the benefits that we want.
4:40:33They're not going to produce the
4:40:34benefits that are promised. So, what I
4:40:36would love to see, and I think many of
4:40:38us would be very happy to champion, a a
4:40:42bill that actually is going to ban these
4:40:43data centers instead of wasting all of
4:40:45our time spinning our wheels asking
4:40:46people to take off work to speak against
4:40:49data centers. And potentially this bill
4:40:52opens the door for them to get their way
4:40:56um and find the legal loopholes. We
4:40:58should be able to just like we did with
4:40:59the nuclear freeze zone in Baltimore
4:41:01City. You cannot work on build
4:41:06like you can debate them and that's the
4:41:07only thing that can happen around
4:41:08nuclear weapons in this city. Why with
4:41:11such an existential risk that AI and
4:41:14data centers pose, why would we not do
4:41:16the same? Thank you.
4:41:20anyone uh in that line that I had called
4:41:24Galante.
4:41:26>> I signed up online [clears throat] then
4:41:27I came in person because I thought it
4:41:28was important.
4:41:29>> What is your name?
4:41:30>> Grand Prix. Lawrence Grand Prix.
4:41:32>> Galante was before you. I want to stick
4:41:35with the way people have signed in
4:41:38because some people signed in before
4:41:40others. So I'm trying to keep the order
4:41:44>> trying to keep the order as you signed
4:41:45in. So you go ahead.
4:41:48Good afternoon as seen council members.
4:41:51My name is Anjeli Galati and I organize
4:41:54faith communities around climate change
4:41:55with interfaith power and light DMV.
4:41:58We've been tracking data center
4:41:59development updates throughout Maryland
4:42:01which I encourage everyone to check out
4:42:03online at iplmv.orgrealwisdom.
4:42:09We know the data center boom is being
4:42:10driven by big tech oligopies, not
4:42:13residents of Baltimore City. Thank you,
4:42:15Councilwoman Porter, for trying to be
4:42:18proactive in anticipating the potential
4:42:20harms and worsening of health inequities
4:42:23that data centers pose in our city. And
4:42:25I also appreciate in advance your future
4:42:27support of a full ban once it's formally
4:42:30introduced. As it's been mentioned, over
4:42:328,000 city residents have signed on in
4:42:35support of a full ban, and probably
4:42:36thousands more will. I'm glad that while
4:42:39well-intentioned, the Health Equity
4:42:41Impacts Assessment Bill's problematic
4:42:42shortcomings as it's introduced have
4:42:45been confronted, and I hope those
4:42:46amendments can be made broadly available
4:42:48soon for better understanding by all.
4:42:50Until then, I urge an unfavorable vote
4:42:53denying the opening of our city's doors
4:42:55to data centers. Before we even consider
4:42:58guard rails or any ways that make it
4:43:00feasible for developers to get their
4:43:02proposals approved, we need an extension
4:43:05of the moratorum. We need better
4:43:06[clears throat] transparency on the
4:43:08timing of the Hopkins Bay View data
4:43:10center project costing state taxpayers
4:43:12$9 million. We need to slow down and
4:43:15wait for the impact study to be released
4:43:19to confirm what we already know that the
4:43:21energy grid constraints, the damning
4:43:23impacts on our wildlife, our ecosystems
4:43:25and our water supply, on our peace and
4:43:28quiet and livable land and future
4:43:30long-term job opportunities. There need
4:43:32not be any rush to circumvent what
4:43:34everyone here is pleading for.
4:43:36Recognition that the real human voices
4:43:39of the residents here and the over 8,000
4:43:41of us that have called for an outright
4:43:42ban need to be heard and held to the
4:43:44highest regard, even if it impacts the
4:43:46development prospects of your potential
4:43:48campaign donors. Thank you so much.
4:43:51>> Thank you.
4:43:53Now, some a lot of people all of a
4:43:56sudden jumped in line before I even
4:43:58called your name. So, we have people
4:44:02that sign up and I want to stay in the
4:44:04names I call are in order of the sign
4:44:07up. So, you're kind of like jumping in
4:44:09front of people.
4:44:11So, um excuse me. I'm running this
4:44:14hearing. So, that comment was
4:44:16unnecessary.
4:44:19I want to go by the way this people
4:44:22sign. Some people signed up before
4:44:24others and I'm trying to and I that's
4:44:26the rule. So, the next person, the last
4:44:29name was Watkins.
4:44:31Is Watkins way in the back? She signed
4:44:35up before all of you. It's a matter
4:44:39that's a matter of respect.
4:44:42Thank you. Go ahead. You're What's your
4:44:45first name?
4:44:46>> Rasha.
4:44:47>> Yeah, go ahead.
4:44:47>> Good evening. I'm asking the council to
4:44:50reject bill 2601.
4:44:54>> Rashanna Watkins. Okay. I am asking
4:44:57council to reject bill 260174.
4:45:01The planning commission staff also
4:45:03recommends disapproval. The health
4:45:05equity assessment in this bill cannot
4:45:07currently do what the bill asked it to
4:45:09do. Planning staff found that the health
4:45:11department does not have the staff
4:45:13technical resources or established
4:45:15method to properly evaluate these
4:45:17environmental and public impacts. Public
4:45:20health impacts. They warned that this
4:45:22could create appearance of protection
4:45:24without the substance of it. That is
4:45:26especially concerning in a city with a
4:45:28documented history of concentrating
4:45:30industrial uses in majority black and
4:45:33lowincome neighborhoods. And the
4:45:35Baltimore in Baltimore residents are
4:45:37already paying financially. Maryland's
4:45:39Office of People's Council says data
4:45:42centers are driving higher energy costs
4:45:44for Maryland customers. It estimates
4:45:46Maryland customers will pay about $1.3
4:45:48billion towards transmission investments
4:45:52primarily driven by data center growth
4:45:54mainly in Northern Virginia. OPC also
4:45:57cites research finding that energy
4:45:59prices grew significantly more data
4:46:01center hotspots between 2020 and 2025,
4:46:05including Baltimore, where they more
4:46:07than doubled. Why should Baltimore
4:46:09residents continue paying for the
4:46:10massive electricity demands of
4:46:12corporations while these corporations
4:46:15make profits? We are already helping pay
4:46:18for data center infrastructure outside
4:46:20of Maryland. Now, this bill will create
4:46:22a pathway for data centers here in
4:46:23Baltimore. We don't want better guard
4:46:26rails for corporations. We want a ban.
4:46:29The public should not pay for the cost
4:46:31while corporations continue to increase
4:46:33their profits. I ask that you reject
4:46:36bill 260174 and permanently ban data
4:46:39centers in Baltimore City. Thank you.
4:46:42>> The next three people were Alice, Lilly,
4:46:46and uh Tamara.
4:46:52Go ahead.
4:46:54>> My name is Andy Ellis. Uh I'm the Green
4:46:56Party candidate for governor and I've
4:46:57been traveling around the state sitting
4:46:59in meetings like this in every county
4:47:00that is having these hearings right now.
4:47:02Um, and what I think is going to be
4:47:04clear is that two years from now when it
4:47:06is election time, you all aren't going
4:47:08to want to sit through two years of
4:47:09these kind of public meetings. There's
4:47:11going to be a ban. There's going to be
4:47:12an extension of the moratorium at some
4:47:14point. And I hope that we can go ahead
4:47:15and do it right now. The problem that
4:47:17this bill poses is that it starts to
4:47:19break the line on the moratorium. And if
4:47:21it goes forward, other people who have
4:47:23ideas about the kind of regulation that
4:47:25should happen before the study are are
4:47:26going to propose their own bills. So all
4:47:28of us are going to have to take off work
4:47:30again to come talk about those bills
4:47:31while we wait for the study to come out
4:47:33and you all to make the inevitable
4:47:35decision that you're going to extend the
4:47:36moratorium or pass a ban eventually. Uh
4:47:39I was here yesterday too and I think
4:47:41that what is being missed is that most
4:47:44of the data centers in Baltimore right
4:47:45now do not meet the definition that is
4:47:47on on the books right now. they're below
4:47:49that 10 megawws and they're there and
4:47:51they're and they're institutional and
4:47:53there's problems like that and we are
4:47:54not talking about that right now because
4:47:57we're talking about this bill which
4:47:59jumps the line in the moratorum and now
4:48:01I I respect the approach that
4:48:03councilwoman Porter is taking on this
4:48:04because the clock is ticking on this
4:48:06moratorum and in a year from now I guess
4:48:09nine months from now we're not going to
4:48:10have any six months from now we're not
4:48:13going to have any protection so I
4:48:14understand the impetus to put something
4:48:16in place but the answer uh that I think
4:48:18your bill poses or the the the question
4:48:21that I think your bill poses is what do
4:48:22we do when it runs out? And I think the
4:48:24answer is don't let it run out. Either
4:48:26extend it right now or pass a ban so
4:48:29that we can start talking about what the
4:48:31GBC says the industry wants to do with
4:48:33Baltimore, which is get smaller edge
4:48:35data centers in here that also have
4:48:37impacts and things like that or so we
4:48:39can start talking about the Hopkins bill
4:48:40that is going to be the Hopkins data
4:48:42center that is less than 10 megawatts.
4:48:44We're missing the people who actually
4:48:46want to come here and build these things
4:48:48because we're talking about data centers
4:48:49that are probably never going to come
4:48:51here. We're never you all aren't going
4:48:52to allow hyperscale data centers before
4:48:54the your 2028 election. This kind of
4:48:57room shows that that's true. Thank you.
4:48:59>> Thank you.
4:49:02>> Uh you're
4:49:04>> my name is Deon Lai. Um I oppose the
4:49:06bill. Um in the words of the great
4:49:08Frederick Douglas, he said, "I rather
4:49:10build strong children than heal the
4:49:11hearts of broken men." And we build
4:49:12strong children by opposing data
4:49:14centers. And now my words entitled no
4:49:16means no. No means no. Baltimore city
4:49:19schools may have failed many of us, but
4:49:20the people are not slow. Whether it's
4:49:22Maryland public service commission, BGE,
4:49:24Pepco, GBC can do slideshow after
4:49:26slideshow. Data centers are a no-go. All
4:49:29we hear is rate pay this cost doing of
4:49:32that. Ain't no tit for t. How come every
4:49:34time it's black constituents, it's all
4:49:35this chitter chat? I mean that. The
4:49:37energy conglomerates know this is a
4:49:39hidden tax. Oh, hear us out. Just relax.
4:49:41Enough of that. When you see nonprofits
4:49:43and pilot programs, just know somebody
4:49:45in office is under contract. Over here,
4:49:47we cut no slack. Our communities don't
4:49:49want them. That's just a fact.
4:49:58>> You were standing there so patiently.
4:50:01>> I appreciate it. Um I was online. I saw
4:50:03wanted to come in person because I saw
4:50:04what's important. Lawrence Grand Prix
4:50:06leaves our beautiful struggle. We
4:50:08support a data center ban because we've
4:50:10come to believe data centers pose an
4:50:11existential threat not just to climate
4:50:13but also to community
4:50:14self-determination. The era where these
4:50:16people ask for tax breaks is done. They
4:50:18are now in an era of promising massive
4:50:20tax infusions to desperate
4:50:22jurisdictions. In that world, Baltimore
4:50:24becomes a prime area for someone to
4:50:27target a data center profusion. And in a
4:50:29world where your tax base depends upon a
4:50:31industry like data centers, you lose
4:50:33your community self-determination
4:50:34because they can always threaten to
4:50:35leave taking your tax base with them.
4:50:38Additionally, when AI companies say they
4:50:39want to work with public governance,
4:50:41they're threatening things like public
4:50:42sector jobs, which are the heart of the
4:50:44black middle class. This is not a
4:50:45possibility. This is their stated
4:50:47business model, putting folks out of a
4:50:49job and taking the revenue for
4:50:50themselves. When that's the black middle
4:50:52class and they are in your city, you're
4:50:54hollowing out the tax base that could
4:50:56actually bring people to live in these
4:50:58communities, people won't want to live
4:50:59there because they have data centers
4:51:00next to them. The black and white light
4:51:02that comes with even small data centers
4:51:04will hurt the tax base, hurting the very
4:51:06uh thing we're trying to solve for
4:51:08bringing these data centers in. I
4:51:09understand the concern about the
4:51:10constitutionality of a ban, but in a
4:51:13world where you're dealing with a
4:51:14trillion dollar corporation, it's best
4:51:16to stand on solid ground with the
4:51:18community and use that as a point of
4:51:20leverage for any negotiation. You can
4:51:22ban not just data centers, but any
4:51:23industry that has a massive tax on water
4:51:26and the grid and then condition the
4:51:27possibility of building them on their
4:51:29ability to invest in water, invest in
4:51:31the grid, and public ownership of
4:51:33whatever they produce. If we don't have
4:51:35public ownership of data centers, we
4:51:37will cut our tax base by supporting AI
4:51:40that thought that the Dorito chip bag
4:51:42that kid had was a gun. I don't want to
4:51:44tax break that bad to be supporting that
4:51:45type of surveillance. So, we need to
4:51:47stand on st firm ground and ban data
4:51:50centers. Even if it's just for the
4:51:52position of having leverage for anything
4:51:54that is to come because we cannot use
4:51:56simply the health equity framework. We
4:51:58must use a ban framework to demand
4:52:00community self-determination and
4:52:01ownership over anything that's built in
4:52:03our city. Thank you.
4:52:06Pop Papa
4:52:09Brown is the last name or Lincoln
4:52:14Wilson.
4:52:15Miles
4:52:18Ley Daly
4:52:22>> Okay. And Mueller,
4:52:25>> if you could line up.
4:52:26>> Yes.
4:52:27>> Yes.
4:52:31>> Now, was she before me?
4:52:32>> Go ahead. Which one? I did I just call
4:52:35your name?
4:52:35>> Okay. I wasn't sure cuz there was an
4:52:37order earlier.
4:52:38>> Go ahead. State your name.
4:52:39>> Um my name is Kenisha Dailyaly and I
4:52:42organize with People Power Assembly of
4:52:44Baltimore. Um I disagree with this bill
4:52:47even being introduced um at a time where
4:52:50there is numerous reports of the city's
4:52:52withering infrastructure. I wonder why
4:52:55are we considering zoning for a data
4:52:57center? What are the benefits to the
4:52:59people of Baltimore? Will it lower cost
4:53:01and utilities? Will it help with health
4:53:03care, transportation, child care? What
4:53:07material conditions will be changed by
4:53:10this data center? Or will it be able to
4:53:13help further kill black Baltimoreians?
4:53:16Will it further assist with surveillance
4:53:20tech? Will it help out the Pentagon,
4:53:23which it already has dealings in the
4:53:25south of Baltimore with the autonomous
4:53:27ships? Will it assist our state and
4:53:31federal partners? I think we are failing
4:53:34when we are expecting a corporation to
4:53:36be honest and to bring their own
4:53:39electricity and to be transparent with
4:53:41the people that live here. While they
4:53:44outsource materials such as car, copper,
4:53:47gold, and additional conductors that may
4:53:50be also imported from Congo.
4:53:54While it sounds like the government has
4:53:57signed wiggle room for corporations to
4:54:00exploit us, um it's already sounding
4:54:04like there's not enough people to study
4:54:06the effects of it in the health
4:54:09department in Baltimore. Um on the other
4:54:12hand, PJM also stated that they are it's
4:54:16hard for them to keep up with the
4:54:20um the growth of data centers. They said
4:54:23this yesterday at the hearing. They also
4:54:27said that um in an ABC article, they
4:54:30said that it's hard to keep up with the
4:54:32data centers. And not only do they uh
4:54:36give us energy, also energy in Kentucky,
4:54:40Illinois, Indiana, Michigan, New Jersey,
4:54:44all over Gary, Indiana sat in darkness
4:54:47for two weeks. Memphis also sat in
4:54:50darkness. All of this is happening while
4:54:53there is unpredicted weather patterns
4:54:55happening as well. So what will happen
4:54:58if there is a storm that knocks out the
4:55:00power grid for Baltimore? How long can
4:55:02the residents survive without
4:55:04electricity or oxygen? How long
4:55:08>> wrap up wrap up.
4:55:09>> Okay, I'm just skip to the end. Frankly,
4:55:13I am tired of getting experimented on.
4:55:16There is no solid concrete way that data
4:55:19centers are improving our environment at
4:55:22all. I understand it's fun to
4:55:24hypothesize new futuristic technologies,
4:55:27but we have to ensure the future is here
4:55:31that we're planning for. Thank you,
4:55:38>> Papa Brown.
4:55:41Oh, yes.
4:55:43I don't know. Okay, it's on. All right.
4:55:45Hello. Um,
4:55:48good afternoon.
4:55:50I'm here with my fellow Baltimoreians
4:55:52today to ask the commission to not
4:55:55consider a backdoor green light policy
4:55:58to allow data centers to be built in our
4:56:00city. This is in reference to bill
4:56:0226174.
4:56:06Baltimore is in the midst of a drought
4:56:08presently and an AI data center on
4:56:10average for a medium-siz facility 10 to
4:56:1320 megawws may use up to 110 million
4:56:16gallons per year while a hypers scale
4:56:19campus can consume up to 5 million
4:56:21gallons per day equivalent to the water
4:56:25use of a town of 10 to 50,000 people.
4:56:29Baltimore residents have already
4:56:30experienced the highest water bill rates
4:56:33in the state for the past 25 years with
4:56:37the average household now spending
4:56:39between $130 and $140 per month. How can
4:56:43we assure that an addition to an with
4:56:46the addition of an AI data center of any
4:56:48scale will not put an additional strain
4:56:50on this already strained precious
4:56:52commodity and that Baltimoreans will not
4:56:55be left holding the bag for
4:56:56infrastructure needs of these centers
4:56:59and increased water rates. Additional
4:57:01strain on our grid for the electricity
4:57:04needs of our city and its people are
4:57:06also a problem with having AI data
4:57:08centers in Baltimore City or in Maryland
4:57:11for that matter. BGE rates are already
4:57:14astronomical for residents with some
4:57:16residents choosing to keep the lights on
4:57:19instead of getting muchneeded food and
4:57:21prescriptions.
4:57:23The PSC as well as the city has had
4:57:25little effect on BGE rate hikes, on
4:57:28delivery rates and infrastructure
4:57:29improvements. And these costs have been
4:57:31directly pushed by the company onto the
4:57:34consumers of Baltimore and Maryland for
4:57:36the past 30 years. It is time to
4:57:39reeregulate this utility or Baltimore
4:57:42needs to seriously think about a power
4:57:45company owned by our own city and our
4:57:48own
4:57:49Baltimore.
4:57:51This is so Baltimore residents stop
4:57:54footing the bill for this rogue utility
4:57:56which has made a profit of $553 million
4:57:59in 2025. Please consider tableabling
4:58:03this devised fake guardrail legislation
4:58:07until the study of data centers is
4:58:09completed by the commission set up to
4:58:11investigate the environmental and health
4:58:12harms that these type of facilities pose
4:58:15for already marginalized communities in
4:58:17Baltimore and Baltimore as a whole. I
4:58:20want you to remember after all
4:58:22Baltimore's treasure is its people
4:58:30>> Wilson. I'm sorry. What are you saying?
4:58:34>> Oh, go ahead.
4:58:36>> Hi, I'm Ann Wilson. Um, is this my
4:58:40timer?
4:58:41>> Yeah, go ahead.
4:58:42>> Um,
4:58:44thank you, Madam Chairwoman and members
4:58:46of the committee. My name is Anne
4:58:48Wilson. I live in district 14. I'm here
4:58:52to oppose 2600174.
4:58:55Um I'm a volunteer advocate for
4:58:56environmental justice. Um originally
4:58:59with Sunrise Movement and then uh since
4:59:01then with Clean Water Action, Food and
4:59:02Water Watch, um numerous other groups
4:59:05and I support the uh Baltimore public
4:59:08power campaign. Um I was not able to
4:59:11understand every word of the amendments
4:59:13that were introduced but I cannot
4:59:15imagine a universe in which it is
4:59:18acceptable to give the data center
4:59:20companies the uh responsibility of
4:59:24conducting the health equity
4:59:26assessments. If uh if if that is what is
4:59:28being proposed that is reason enough to
4:59:31um just reject this proposal outright.
4:59:34Um, I do want to touch on um, uh,
4:59:38something that's been raised by other
4:59:40speakers, which is that this week I,
4:59:43like many other Baltimoreans, received
4:59:45an email from the city government
4:59:47informing me that the city will be
4:59:49drawing water from the Susuana River
4:59:51because we are in an extended drought
4:59:53and our three reservoirs cannot keep up.
4:59:56Um, the first time this happened, as uh,
4:59:59as far as I can tell from available
5:00:01information, um, was back in 1966.
5:00:04The next time wasn't until 1999. And
5:00:07then additional drawing from that river
5:00:09was in 2002 2007. We're not on a good
5:00:13trajectory. We should not even be
5:00:15talking about citing data centers here
5:00:17when we know that many of these data
5:00:19centers require a great deal of water. A
5:00:21midsize data center uses as much water
5:00:24as a thousand homes in a single day. and
5:00:28um that is not a situation that uh
5:00:30really gives us room to be talking about
5:00:32having data centers in our city. So I do
5:00:35support a ban, but I also ask that you
5:00:37reject this bill um and and accept the
5:00:40original planning commission staff
5:00:43recommendation. Thank you.
5:00:48>> Go ahead. You've been standing. Are you
5:00:51Miles or Mil?
5:00:52>> Um May.
5:00:55>> May last name May. We signed up to
5:00:57>> Oh, go ahead.
5:00:58>> Uh, good afternoon. I'll be brief. My
5:01:00name is Abby May and I'm a homeowner and
5:01:02a new business owner, new business owner
5:01:05in Councilman Blanchard's district. Um,
5:01:08and I'm here to very strongly oppose the
5:01:11conditional use zoning for data centers.
5:01:13This kind of conditional use does not
5:01:15ensure unwavering environmental
5:01:16restrictions or water cost protections
5:01:19for residents. And voting favorably for
5:01:20data centers does not promise any jobs
5:01:23or money coming into city residents. It
5:01:25simply provides a pathway of least
5:01:27resistance for these unwanted data
5:01:29centers to invade our city against the
5:01:30will of the people. You already know
5:01:33that they're loud. You already know that
5:01:34they're environmentally destructive. You
5:01:37already know that they're affecting
5:01:39housing values. You already know we have
5:01:41zero long-term data regarding waste and
5:01:43human health. And you already know that
5:01:45the financial burden of massive water
5:01:47waste will fall on the taxpayers of
5:01:49Baltimore City. Once a data center is
5:01:52constructed, there is no conditional use
5:01:54anymore. It's there. It already
5:01:56happened. It's not going to get torn
5:01:58down if they break the rules. They're
5:01:59going to drag the city and its residents
5:02:01through legal loopholes, and they'll pay
5:02:02their fines for as long as it takes. And
5:02:05the only losers will be the residents of
5:02:06the city of Baltimore who have no
5:02:08control.
5:02:10There were so many people here today
5:02:11that have been sitting in for hours in
5:02:13overflow rooms to oppose this
5:02:16conditional use zoning. My understanding
5:02:18is that people were still coming in
5:02:19through security almost two hours deep
5:02:21into this meeting in the middle of a
5:02:24workday to make sure that you see us
5:02:26because you represent us. So I promise
5:02:29we don't care if you find our need to
5:02:31hear you and be heard in this room as
5:02:33impolite. You are at work. We took off
5:02:36work. Thank you.
5:02:42>> Miles your Miles. Yeah. Kieran Miller.
5:02:48All right. So, have y'all heard this
5:02:51quote uh from anthropic alignment lead
5:02:55Evan Human name? We really do honest
5:02:59earnestly believe AI could kill all
5:03:02humans. I personally think it's an above
5:03:0510% chance within the next decade.
5:03:08I'm here to say maybe let's not.
5:03:11[clears throat]
5:03:13Maybe. Okay. I have a lot of respect for
5:03:15a ruling that you made earlier today in
5:03:18Waverly where you decided to not allow a
5:03:21building on public property.
5:03:26This brings up the same issue where we
5:03:28have theft of natural public space and
5:03:31it is going to bring pollution. is going
5:03:33to bring oppressive, loud, perpetual
5:03:36hum, as well as, as everyone has said,
5:03:39the guzzling of our water resources, the
5:03:41raised cost of energy and water that is
5:03:43passed to the residents. And let's be
5:03:45honest, there is nowhere in Baltimore
5:03:48where you could put an AI data center
5:03:50without it poisoning the community's
5:03:52water. There is not one place in the
5:03:54city where that would be safe.
5:03:58So, as someone said before, I'm not here
5:04:01for the not in my backyard. I am here
5:04:03for demanding an outright ban for data
5:04:06centers.
5:04:08Thank you for your time.
5:04:13>> Muller or Mueller
5:04:17is um the first name Andrew
5:04:24[cough]
5:04:26and while he's coming up um Selzer
5:04:34you're next. And
5:04:38there's a last one that I really can't
5:04:42understand the writing, but uh you go
5:04:45ahead.
5:04:47>> Uh good afternoon. Uh for the record,
5:04:49Andrew Zurkl. Um I am here on behalf of
5:04:52the Maryland Technology Council.
5:04:54Maryland Tech Council is Maryland's Life
5:04:57Sciences and Technology Trade
5:04:58Association. We represent over 800
5:05:01companies that do business and employ
5:05:03people here in Maryland. And our
5:05:05membership represents tens of thousands
5:05:07of Marylanders employed, including uh
5:05:10many in the city of Baltimore. Um I just
5:05:12wanted to say I appreciate the
5:05:14counciloman's uh bill. Uh the Maryland
5:05:17Tech Council came in supportive with
5:05:19amendments. Um this is rare among our
5:05:22wide membership which ranges everything
5:05:24from life sciences technology but we're
5:05:27coming in here and asking you please
5:05:29regulate us right
5:05:32please regulate us. There are
5:05:34responsible actors in the data center
5:05:36industry and what we are asking for is
5:05:39for a pathway to development. We want
5:05:41data centers to present the maximum
5:05:43possible benefit for the communities
5:05:46that they're in with the minimal
5:05:49possible impact. Um, I know we've
5:05:52appeared before the council and
5:05:53communicated before some of the benefits
5:05:55of jobs and revenue. I won't go over all
5:05:57of those again. Um, but I don't think I
5:05:59need to repeat there are many localities
5:06:02in the state of Maryland that are
5:06:03dealing with revenue challenges and data
5:06:06centers present a fantastic solution to
5:06:08bring in more tax revenue and ensure
5:06:11that everything that needs to be funded
5:06:13from schools to public safety to
5:06:14infrastructure is funded. Data center
5:06:17construction helps build a robust local
5:06:20workforce in the trades and that
5:06:22workforce doesn't go away when it's time
5:06:24to build things like housing. Um, one
5:06:27additional thing I'd like to bring up is
5:06:28that, you know, I've heard a lot about
5:06:30developments in Gary today, in Memphis.
5:06:34We don't want Maryland, we don't want
5:06:36Baltimore to be Gary or Memphis. We need
5:06:38to take the steps to make sure that we
5:06:40are enabling responsible development.
5:06:43Um, one final thing I'll mention is that
5:06:46um, data centers are a cornerstone for
5:06:49Maryland's high-tech industry. And if we
5:06:51can't site data centers here, we may see
5:06:54our members their jobs go elsewhere.
5:06:56Thank you very much.
5:06:57>> Thank you.
5:06:59Uh Selzer
5:07:03can't see you. Oh, there. Okay.
5:07:05>> Anybody here from John's Hopkins
5:07:06University or hospital?
5:07:09>> Please come and testify. You can pull
5:07:12that down a little. So,
5:07:14>> okay.
5:07:14>> The top part. Perfect.
5:07:17>> Okay. Um approximately 200 years ago,
5:07:20there were five uh elite women in
5:07:23Baltimore that uh saved John's Hopkins
5:07:29uh hospital and university from
5:07:31bankruptcy. And there would not be a
5:07:34John's Hopkins if it wasn't for those
5:07:37five women. They wanted Baltimore City
5:07:40residents, citizens to have access to
5:07:45health care. That does not happen with
5:07:48John's Hopkins. This is all about John's
5:07:52Hopkins having a data center.
5:07:55This is um from their website.
5:08:00John's Hopkins University is based in
5:08:02Baltimore, but are 10 divisions spread
5:08:04out across nine campuses on three
5:08:06continents. You do not have to step foot
5:08:09in Baltimore in order to get a doctorate
5:08:13um u become a doctor. you can be a
5:08:15doctor of John's Hopkins with John's
5:08:18Hopkins University uh credentials in
5:08:22China and in Italy
5:08:25and um and everything is spread out and
5:08:28meanwhile John's Hopkins has greatly
5:08:31reduced the number of jobs here in
5:08:34Baltimore City including a friend of
5:08:36mine [clears throat] Susan Gastenega
5:08:38that they completely got rid of her her
5:08:41departments and other departments.
5:08:45And while John's Hopkins, if you go to
5:08:48their boardroom, you would hear about
5:08:51world domination. They are not
5:08:53interested in Baltimore. And just as the
5:08:56first line I read to you, well based in
5:08:58Baltimore, we have 10 divisions.
5:09:03We are about global domination. and they
5:09:07want their data center because because
5:09:10Baltimore City Council rolls over for
5:09:13everything that they want just like um
5:09:16you chaired a meeting regarding the the
5:09:20sidewalks that they have public.
5:09:25>> Okay. And I want to call on Councilman
5:09:28James Torrance, who never shows up for
5:09:30anything challenging. And I I want him
5:09:33to be removed from the housing committee
5:09:36chair, and I want him to resign
5:09:39immediately.
5:09:40I live in
5:10:10So, um, there were two other people on
5:10:14this list that I can't mention. I can't
5:10:18say your name, but if you want to come
5:10:20up and testify, this is your time.
5:10:25And then I have a final statement. And
5:10:28then we have also have some people
5:10:30online and then we'll have the sponsor
5:10:34of the bill speak.
5:10:39>> Oh, what
5:10:42that red has turned red.
5:10:45>> Oh, thank you.
5:10:46>> There we go.
5:10:47>> My name is Karen Smith. I apologize for
5:10:49my handwriting if it wasn't legible. Um,
5:10:51I'm here to oppose the bill because like
5:10:54many here, I don't want studies or
5:10:56moratoriums or task force. I want a
5:10:58total and complete ban on data centers
5:10:59in Baltimore City, statewide,
5:11:02nationwide. Uh, the ubiquitous argument
5:11:05for data centers uh in data
5:11:08infrastructure is that what if we get
5:11:10left behind? But why would I want to
5:11:13venture into the future that data
5:11:14centers provide? What do we leave behind
5:11:18by capitulating?
5:11:20We will be left behind without portable
5:11:22water. We will be left behind with
5:11:24respiratory illnesses caused by
5:11:26pollution. We'll be left behind with the
5:11:28noise produced by data centers. We will
5:11:31be left behind with the energy bill
5:11:33skyrocketing for unreliable electricity
5:11:35to cover data center drain. We will be
5:11:38left behind with higher taxes because
5:11:40John's Hopkins University won't pay
5:11:42their fair share to the city. We will
5:11:45leave behind our non-citizen neighbors
5:11:47who to be prayed upon by the
5:11:48surveillance infrastructure that data
5:11:50centers provide. We will leave behind
5:11:53Palestine where the genocide is powered
5:11:55by big tech companies like Palunteer. We
5:11:58will leave behind any civilian to the
5:12:00mercy of cold data like the Iranian
5:12:03school children who were bombed after
5:12:04our military followed the advice of the
5:12:06AI claude.
5:12:08Nothing is worth this. Any data center,
5:12:12regardless of its ownership or its
5:12:13purpose, makes our city or our world
5:12:17makes our city and our world a worse
5:12:19place to live in. You can't pretend it
5:12:21will be limited to a quote unquote
5:12:23industrial center where people still
5:12:25live. The health, environmental, and
5:12:28inhumane effects will still leech out.
5:12:31And these data center, the data these
5:12:33centers collect is going to be used to
5:12:35overp police and wreak hav violent
5:12:37destruction anywhere it is used. I want
5:12:40a complete ban or we will be left behind
5:12:42in the hell that we've created. Thank
5:12:44you.
5:12:52>> Thank you. Um pre press that button.
5:12:58>> Um my name is Ted Rose Da L. I'm
5:13:01currently a member of IBW local 24 and
5:13:04also a member of EWC EWMC electrical
5:13:07workers minority caucus which spans
5:13:09across the entire country um which
5:13:11currently has a local and within as
5:13:14affiliate to IBW 24. All right, first
5:13:16thing being said um I'm not going to
5:13:19address the bill only because I think
5:13:20that you already discovered after
5:13:22yesterday and today after the
5:13:23conversation and definition of what data
5:13:25centers are, I think they ended up
5:13:26changing whether the claim would be to
5:13:28even push it in the first place. And in
5:13:30that case, I would just focus on the
5:13:31fact that you want a ban. That's all
5:13:32there is to it. We want a ban.
5:13:34>> I'll address that shortly.
5:13:35>> So, so going with that, um, adding to
5:13:38that, I think there's a a key point that
5:13:41a lot of people are not paying attention
5:13:42to. I discovered this in Baltimore
5:13:44County. I am from Baltimore County,
5:13:45right? So, I'm here as a visitor. So, I
5:13:47mean, not to offend anybody here that
5:13:49feel like I should not be here, but let
5:13:50me just go here. when they're going to
5:13:53push data centers in Lockern and
5:13:56Randlestown in Woodlon, right? And you
5:13:59see these percentages and you see most
5:14:01of it being people who are non-white
5:14:04and then now you see Baltimore City also
5:14:06being approached in a certain kind of
5:14:07way that just it just doesn't look look
5:14:09right. You know, at some point you got
5:14:12called spade to spade. It's not it's not
5:14:13to the point where I'mma move or decide
5:14:15or or decide to deal with you based on
5:14:17me finally discovering your intent. It
5:14:19don't it don't work like that no more.
5:14:20Nobody outright says it to you what they
5:14:22choose to want to do, how they choose to
5:14:24look at you and what they want to do to
5:14:25you. They just do it. So it's the same
5:14:27with how ants is. Ants are not going to
5:14:29question an invader. You just going to
5:14:31just team up and get rid of. It's all
5:14:33there is to it. So at this point, when
5:14:34you see that there's obviously an
5:14:36immediate affliction upon people who
5:14:38have been dealing with afflictions in
5:14:39Baltimore City since redlinining,
5:14:40disinvestment, so on so forth, you just
5:14:42got to attack. That's all there is to
5:14:44it. They're not allowed to be here
5:14:45unless we say so. So now going with
5:14:48that, I'm in IBW. I think I think people
5:14:52need to understand that it's the workers
5:14:54that's being missed in this. All this
5:14:56work, all the stuff that he's talking
5:14:57about and everybody else is still being
5:14:59done by the construction workers. Where
5:15:01are we in that? I think as all of you,
5:15:04everyone council person in here needs to
5:15:06pay attention to that. Where is
5:15:07Baltimore City within organized building
5:15:10trades? That's it.
5:15:12>> Thank you.
5:15:16given last chance for anyone who didn't
5:15:18sign up before I make my statement
5:15:23and uh then we'll have the sponsor. Oh,
5:15:25I mean we'll have the online then the
5:15:28sponsor. I first wanna, you know, I
5:15:31apologize if I feel like if you feel
5:15:34like I'm
5:15:36um not handling this hearing or not
5:15:40giving you, but I want to just give you
5:15:42some context of this chambers quickly
5:15:46and this building.
5:15:48We have a history. We've had three
5:15:51council members basically murdered or
5:15:55killed in this building. one, two were
5:15:59actually in the building, one was
5:16:01outside
5:16:03and this was a while ago and we had to
5:16:07implement some strict guidelines and
5:16:11rules and respect because this is this
5:16:15is a public hearing but it is handled
5:16:17like a court hearing. We have agencies
5:16:21we have and all of this is done for the
5:16:24protection of all of us in here.
5:16:27And the times that especially the times
5:16:30that we are in now, this is all about
5:16:34protection and running things in a
5:16:36timely manner, getting your voice heard
5:16:40in many ways. So if you still have more
5:16:42to say about this, send something in
5:16:45writing. There are many forms of us
5:16:49hearing what you say. And when you come
5:16:52and testify,
5:16:54speak before the body here. what's
5:16:56remaining. Speak before the body here.
5:16:59We're listening.
5:17:01I We said earlier, we're not going to
5:17:03decide. We're not going to vote on
5:17:06anything this and particularly data
5:17:08centers, we know that it is a very
5:17:12touchy subject. Um the people and the
5:17:17sponsors that um work on, you know,
5:17:21trying to bring this issue to the
5:17:23public, we have a moratorum. It's a lot
5:17:25to go through, but we are willing to
5:17:29step up and listen and like someone
5:17:32said, get the conversation started some
5:17:35kind of way, but we need to maintain a
5:17:38level of time and a level of respect.
5:17:41So, I just wanted to kind of make that
5:17:44here clear. We are here also
5:17:47representing the people but we are in a
5:17:50building that you need order and you
5:17:54need a certain process and all of that
5:17:57is set up as a legal system. So,
5:18:02um, you know, if if you just got to
5:18:06understand that that's just part of the
5:18:08way things happen in here and
5:18:10particularly the protection of the
5:18:13people and what they have to say and
5:18:16what our opinions are too as
5:18:18representation. It's all about
5:18:21respecting each other. And on that note,
5:18:24we're going to I know we have some
5:18:26people
5:18:28testify. it was. So, it's down to eight.
5:18:31Okay. So, we have eight people
5:18:35and uh the people that have been
5:18:37listening to all this, you have just two
5:18:40minutes as well. And um
5:18:44um if it's something that you have been
5:18:46listening to and you're just kind of
5:18:48repeating
5:18:50um and you feel you don't have to really
5:18:53say it, you can still send it in and
5:18:56we'll start. And again, if I say your
5:18:58name wrong or mispronounce it, just let
5:19:00me know. The last name is Day. D E Y.
5:19:06>> Yes. Zia Day.
5:19:08>> Go ahead. You're on two minutes.
5:19:11>> Okay. Um, for most of what was covered
5:19:15already, um, we all know that this is
5:19:19going to be primarily an attack on
5:19:22people in predominantly black
5:19:24neighborhoods. And I'm very happy to see
5:19:27that everybody of color is here today
5:19:31because not only would this be an attack
5:19:34to black people and predominantly poor
5:19:36neighborhoods, this will be an attack to
5:19:38humanity, to the animals in our in our
5:19:42areas that help the climate weather.
5:19:46This will be an attack to our future
5:19:48generations. It's impossible to go even
5:19:52just a day without water. We need water
5:19:55every day to cook, to clean,
5:19:59to wash our clothes with. It's
5:20:02impossible for us to like I was homeless
5:20:04for 4 months and I had to use gallons of
5:20:07water to bathe myself. That is
5:20:09unethical. It's impossible. It's It's
5:20:12not secure. Now, you say this is about
5:20:16the safety and the respect. I I
5:20:19completely go against this because this
5:20:23does not respect the people and this is
5:20:25not good for our safety as people. We
5:20:28are people. A lot of us are already
5:20:30struggling to pay bills, to pay
5:20:33electricity, to to pay to put food on
5:20:36the table. We do not want our our
5:20:40majority of our money going to BG in the
5:20:44middle of winter.
5:20:46So, I don't care who's profiting off of
5:20:49this.
5:20:51This is not for the people in Baltimore
5:20:54City. We need to be completely out of
5:20:57this. We need to ban data centers. We
5:21:01don't need data centers. We don't need
5:21:03no more AI fruit videos. Enough of that.
5:21:06It's serious stuff going on. This is one
5:21:09of them because the future generations
5:21:13and our families
5:21:14>> wrap it up. relying on.
5:21:17>> Okay.
5:21:18>> And my
5:21:18>> we just need the B
5:21:19>> just for clarification. My comments was
5:21:21about the rules of this building, not
5:21:24about data centers. Moving on to the
5:21:26next person. Justin,
5:21:30are you there? Justin,
5:21:42Justin, last call.
5:21:47Moving on to the next person.
5:21:50>> Oh, hello.
5:21:51>> Oh, Justin.
5:21:53>> Uh, yes.
5:21:54>> Yes. You have two minutes for your
5:21:56testimony.
5:21:59>> Oh. Um,
5:22:02well, I'm I I guess I just wanted to uh
5:22:06just give a few words. It's not really
5:22:08going to be that long. Um just wanted to
5:22:10mention that I'm opposed to the the
5:22:14building of any more of of these data
5:22:16centers and um that um I actually heard
5:22:21that it's something like 7 million
5:22:23gallons of of water per day uh are are
5:22:26used in uh in in regard to a lot of
5:22:30them. Um, but that uh I also heard from
5:22:34a couple of the other testimonies
5:22:36earlier that um that as far as the
5:22:39smaller ones that are already built in
5:22:41in Baltimore
5:22:43um that those require I guess
5:22:45technically less, but as far as from
5:22:48what I've gathered from this bill is
5:22:50that these would be for the over 10
5:22:53million megawatt uh data centers. Uh so
5:22:57um as far as that goes, I'm just
5:22:59completely opposed to that. So that's
5:23:01it. Thank you.
5:23:03>> Thank you, Nicole.
5:23:25Okay, last time for Nicole.
5:23:29Moving on to the next
5:23:34Arania. Arania, am I saying your name
5:23:38right?
5:23:46>> Hi, Ariana Valley.
5:23:49>> Yes. Say your first name again.
5:23:51>> Hi.
5:23:52>> Ariana.
5:23:53>> Ariana. Okay. Two minutes.
5:23:56>> You can hear me then? Thank you.
5:23:58>> Yes, we can hear I'm Ariana Valley in
5:24:00opposition to this bill. I've lived in
5:24:02Baltimore City for nearly 20 years. I
5:24:05love this city and want to protect its
5:24:07beauty and residents, as does everyone
5:24:09you've heard from today. Listen to us.
5:24:12We deserve elected officials to stand up
5:24:15for what's right and best for the
5:24:16community, for the entire community,
5:24:19because we know this is another form of
5:24:21environmental racism impacting already
5:24:24vulnerable communities the hardest.
5:24:26My ask is simple and echoes the
5:24:29sentiments of my neighbors and friends.
5:24:31Permanently ban data centers from being
5:24:33built in or near Baltimore City. Maybe
5:24:36that's not what the vote is about on
5:24:38this bill, but everything we do must
5:24:40prevent data centers from being built in
5:24:42or near our city. We already have a
5:24:44moratorum and for good reason.
5:24:47Data centers benefit no one except the
5:24:50executives of private companies and you
5:24:52maybe if they're funding your campaigns.
5:24:55We cannot trust that these companies
5:24:58will do their due diligence on
5:25:00environmental impact and public health.
5:25:02They only care about profit for
5:25:04themselves. These profits are at the
5:25:07expense of residents well-being, health,
5:25:10and financial stability, including
5:25:12yours. Not to mention the strain these
5:25:14data centers will put on our already
5:25:16fragile and failing infrastructure and
5:25:19energy grid. The city is already in
5:25:21drought conditions. We already have
5:25:24blackouts and brownouts. Data centers
5:25:26will compound all of these issues. The
5:25:29idea that data centers will save or
5:25:31create jobs is a farce. Society and the
5:25:34economy cannot function without power,
5:25:38water, clean air. Data centers cause
5:25:41noise pollution, air pollution, and
5:25:42water pollution. People are going to be
5:25:44impacted in numerous negative ways. Our
5:25:47health, our environment, property will
5:25:50be damaged due to the acceleration of
5:25:52climate change. Our ability to fund a
5:25:54comfortable life will be derailed. This
5:25:57isn't fear-mongering. It's reality.
5:25:59People who are living within miles of
5:26:01already built data centers across the
5:26:03country are experiencing mental health
5:26:05crisis due to the noise. They're
5:26:07experiencing illness and their water
5:26:09supply has been drained. There are
5:26:12numerous documented reports of the
5:26:13massive negative impacts of data
5:26:15centers. You have a duty to the people
5:26:18of Baltimore. Protect us. Protect the
5:26:20city. Ban data centers.
5:26:25Elvis.
5:26:33Elvis. Are you still on?
5:26:45Elvis Okini,
5:26:51is he still on? Okay, we'll move to the
5:26:54next. Um, Trayon Downing.
5:27:01>> Madam Chair, I'm so sorry to interrupt.
5:27:04Um, is there she mentioned There's an
5:27:08inves.
5:27:26So if it's like so for instance in the
5:27:28gentleman before Elvis I don't see him
5:27:31in the chat so I can't unmute him.
5:27:33>> Yeah. Um getting a message about
5:27:36you was
5:27:46I don't see her in the chat. Is she
5:27:48using her full name?
5:27:50>> Um, yes, she is.
5:27:52>> There's only one Nicole and it's not the
5:27:55same as it is.
5:28:01>> Is Trayon
5:28:03on?
5:28:06I'm so sorry.
5:28:07>> Downing.
5:28:09>> I don't see anyone.
5:28:12>> Rachel Snack.
5:28:19>> Hi, I'm Rachel Snack. Um,
5:28:23>> Rachel, you So, I saw that you had
5:28:26signed on in person and from my
5:28:27understanding you you had to leave to
5:28:30pick up your children and now you're
5:28:33online. So, thank you for
5:28:35>> online. Yes.
5:28:36>> And if you want to send in some written
5:28:39testimony, you can, too. And that goes
5:28:41for anyone else that might be having
5:28:42problems. You can still send in written
5:28:45testimony. But Rachel, you're on.
5:28:48Awesome. Thank you so much. My name is
5:28:49Rachel Snack. Um, I'm a mom and a
5:28:52childare worker um living in Hampton. Um
5:28:54I feel like from my community um the
5:28:56effects of data centers are already here
5:28:58in certain ways or or we're living in a
5:29:00little bit of fear as um Johns Hopkins
5:29:03builds a data center that doesn't
5:29:05technically classify as a data center
5:29:06right up against Stony Run uh park and
5:29:09that's a place that's a vibrant uh
5:29:11gathering center for community. It's a
5:29:12great nature preserve. Um events there
5:29:15all the time. My kids love to play
5:29:16there. Um but as people have said like
5:29:19across the nation we're seeing water um
5:29:21being polluted. we're seeing um wildlife
5:29:24being driven away by the sound of data
5:29:26centers. So I fear for my community
5:29:28already as um development has begun. So
5:29:30I want I came here today. It was
5:29:32important to me to speak um because of
5:29:34how many other communities will face
5:29:36this if the moratorium is lifted. Um as
5:29:39many people have said um it's going to
5:29:41probably end up in communities that are
5:29:43vulnerable, communities um that are less
5:29:45resourced than mine. and even my
5:29:47community is having trouble knowing how
5:29:49to fight back um for our uh natural
5:29:52spaces and for our um quality of life
5:29:55and low energy costs. So um I want to
5:29:57say this isn't just a touchy subject.
5:29:59It's a wildly unpopular um bill to try
5:30:03and lift the moratorum to try and um put
5:30:05more data centers in Baltimore City. Um
5:30:08and I hope that that's been made clear
5:30:10today by how many people have come out
5:30:11to speak against it. um for the purpose
5:30:14of our future I would urge you to uh
5:30:17have a data center ban in Baltimore City
5:30:20um not just a moratorium but um to
5:30:22protect the futures of our children.
5:30:24Thank you.
5:30:25>> Thank you for your testimony
5:30:28and I think we'll go back because I
5:30:30think we now have Nicole on.
5:30:34>> Hello. Can you hear me?
5:30:36>> Are you Nicole?
5:30:38>> Yes, Nicole.
5:30:39>> You're on. Two minutes.
5:30:42Hi, my name is Nicole Chaya. I'm a
5:30:44resident of Remington and a public
5:30:45health advocate urging you to reject
5:30:47this bill. This bill is being presented
5:30:49as an opportunity to [music] increase
5:30:50the transparency of data center
5:30:51proposals. But given the very well
5:30:53doumented public health burdens data
5:30:55centers have been proven to cause,
5:30:57especially near marginalized
5:30:58communities, we shouldn't be creating a
5:31:00legal framework to allow additional data
5:31:02centers to be built in the city. Why
5:31:03would we entertain a public health
5:31:05hazard? We should be banning them. Prime
5:31:07examples you've heard of before include
5:31:08Memphis, Tennessee, where residents are
5:31:10currently experiencing a disgusting
5:31:12decrease to their air and water quality
5:31:14since the addition of the XAI data
5:31:17center. Earlier this year in Calvert
5:31:18County, Maryland, Amazon Web Services
5:31:21has had plans to build three data
5:31:23centers right next to the Calver Cliffs
5:31:24nuclear power plant, which reads as an
5:31:26environmental disaster waiting to
5:31:28happen. And here in Baltimore, we all
5:31:29know what Johns Hopkins University is up
5:31:31to. I strongly urge you to oppose this
5:31:33zoning bill because of the simple fact
5:31:35that no one benefits from having a data
5:31:36center in their backyard. No one
5:31:38benefits from something that will
5:31:39pollute their natural resources,
5:31:41increase their electricity bills, and
5:31:42decrease their property value in in or
5:31:44near their neighborhood. From no data
5:31:46center rallies near city hall to
5:31:48conversations I've had with neighbors,
5:31:50it's clear most working-class people do
5:31:52not want data centers in city hall in
5:31:53the city, regardless of what zone it's
5:31:55in. Um, additionally, I see the bill
5:31:57requires a health equity assessment, and
5:31:59it's nice to see. However, the data
5:32:01center applicant would be the one who
5:32:02prepares the assessment, which seems
5:32:04like a clear conflict of interest. As of
5:32:06this morning, there are over 8,300
5:32:08Baltimore City residents who have signed
5:32:10a petition calling on the Baltimore City
5:32:12mayor and council president to publicly
5:32:13oppose the construction and expansion of
5:32:15data centers within Baltimore City.
5:32:17These Baltimore city taxpayers and
5:32:19voters will not forget about this issue
5:32:20just because there is a one-year data
5:32:22center moratorum. Lastly, much like the
5:32:25residents of Cal County who this past
5:32:27June unseated three incumbent city
5:32:29council members who supported the
5:32:30expansion of data centers, many
5:32:32Baltimore residents are bringing that
5:32:33same energy whenever the opportunity
5:32:35arises. It's worth noting that since
5:32:37June, plans for the Amazon Web Services
5:32:39data center in Calver County have been
5:32:41abandoned. And I hope this serves as as
5:32:43an example of what is possible when we
5:32:45listen to what the majority of working
5:32:47people want. Please oppose this bill and
5:32:49thank you for unmuting me.
5:32:51>> Thank you.
5:32:55So again, if anyone wants to send any
5:32:59further written testimony that you have
5:33:02more to say, you can always send it to
5:33:04the sponsor of the bill, Felicia.
5:33:08>> Baltimore City.gov
5:33:12>> and also the testimony.
5:33:14And um at this point, if um the sponsor
5:33:18of the bill, Councilwoman Porter, you're
5:33:20on. Thank you so much madam madam chair.
5:33:23I have a few points of clarification. Um
5:33:25I just want to note that this is a part
5:33:27of the larger impact study. Um this is
5:33:30not the full framework. There's still
5:33:32going to be a moratorum that is
5:33:34currently going now. Um Austin how many
5:33:37people are working on this particular
5:33:39moratorium study?
5:33:40>> Currently we have two but we're hoping
5:33:41to expand that greatly in the next week
5:33:43or two.
5:33:43>> Great. And so only two people are
5:33:46working on the study. Where what
5:33:47agencies are they from? They are from
5:33:49the two sponsoring agencies, planning
5:33:50and Baltimore Development Corporation.
5:33:52>> Great. Next, um the current landscape of
5:33:55data centers. So yesterday, you know,
5:33:57there's this conversation that um data
5:33:59centers are coming to Baltimore. Um data
5:34:02centers are, you know, coming to
5:34:03Baltimore. Data centers are here in
5:34:05Baltimore. It was on the record
5:34:07yesterday where six data centers are
5:34:09currently in the city of Baltimore right
5:34:11now. Um
5:34:14honestly, unregulated. I I will I will
5:34:16say that unregulated. They were
5:34:17regulated through the department of
5:34:19planning but they have no health, no
5:34:22environmental, no air pollution aspects
5:34:24on them whatsoever. With regards to
5:34:26strengthening the moratorum, I welcome
5:34:28that. I welcome the opportunity to
5:34:30strengthen the moratorum. Um again with
5:34:32the council legislative topic process,
5:34:35um the holder of that legislative topic
5:34:37would have to welcome my um engagement
5:34:41into that perspective um into that
5:34:43perspective approach. Um, with regard to
5:34:46bill amendment that aligns with the
5:34:48moratorum, I just want to again correct
5:34:50the record that this bill as it's
5:34:52amended um would not be in conflict with
5:34:56the moratorum. It would actually be um
5:34:58working with the moratorium and it would
5:35:00sunset uh with the moratorum so that um
5:35:03we are not working to lift the
5:35:05moratorum. It this bill would be
5:35:07effectuated once the moratorium is done
5:35:09and the study is done as well. Lastly,
5:35:12not lastly, I still got a little bit
5:35:13more. Um, with regard to um the
5:35:18resourced of any type of impact studies,
5:35:20we've seen, you mentioned tobacco
5:35:22companies and oil companies, but I would
5:35:24like to um remind folks that the opioid
5:35:26restitution funds were because the city
5:35:28of Baltimore sued um the pharmaceutical
5:35:31companies. Then the pharmaceutical
5:35:32companies came back and provided the
5:35:35city of Baltimore with resources for any
5:35:37type of community engagement or benefits
5:35:39agreements. Next, um I just want to
5:35:42underscore this. Um I totally agree. The
5:35:45key is uh not to have these data centers
5:35:47to um be built in the first place. That
5:35:51is the whole reason why I'm I'm really
5:35:53pushing conditional use by ordinance.
5:35:55Um, you have multiple [clears throat]
5:35:57opportunities through the conditional
5:35:58use by ordinance process to not only
5:36:01stop a data center, but as a community
5:36:04member, your vote can vote out a council
5:36:07member that brings forth and or moves
5:36:09forward a project that is not in benefit
5:36:11to your community. You do not have that
5:36:13aspect from the BMCA process. Next,
5:36:18the Baltimore industrial history. Again,
5:36:20conditional use by BMCA. We talk about
5:36:23CSX. We talk about the medical waste
5:36:24incinerator. We talk about um any
5:36:27industry quite honestly that um comes
5:36:30into the city of Baltimore. It often
5:36:31goes by conditional use by BMCA. It does
5:36:34not go through conditional use by
5:36:36ordinance because of simply the process
5:36:38that I just that I just outlined. If you
5:36:41have conditional use by ordinance, you
5:36:42have a much more greater opportunity to
5:36:45have your council member being being in
5:36:47the no, having an opportunity for them
5:36:49to say no and to stop the project. You
5:36:52do not have that opportunity to do that
5:36:54with the BMZ. We have seen that multiple
5:36:56times with the industries that the the
5:36:59uh young lady just mentioned.
5:37:01Last but certainly not least,
5:37:04let me see. Power ownership text,
5:37:05please. Yep, that's it, Madam Chair.
5:37:08Thank you.
5:37:09>> Thank you.
5:37:10>> Oops. Thank you. And uh I want to thank
5:37:13uh many of you that have been here since
5:37:169:00 a.m. and and uh listened to the
5:37:19other five hearings and bills that we uh
5:37:24had. And um again, thank you for your
5:37:27testimony and um this particular hearing
5:37:32is in recess.